Can I Reopen a Dismissed Bankruptcy?
Bankruptcy is the process by which you can gain relief from your debt load by having the government discharge your liabilities. If you file for Chapter 7, most of your debts are erased immediately, and if you file for Chapter 13, you can make monthly payments at lower interest rates to repay your debts. The type of bankruptcy for which you file, and your eligibility to file, depends on whether or not you meet legal requirements.
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Bankruptcy Dismissal
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A dismissal is when your bankruptcy case is closed without receiving a discharge. Your case can be dismissed for several reasons, including personal choice. Instances in which the court would dismiss your case against your wishes -- an involuntary dismissal -- include failure to meet the court requirements, failure to obey court orders, failure to pay bankruptcy fees for your case and, in a Chapter 13 filing, failure to make payments to the creditors according to your repayment plan.
Bankruptcy After Dismissal
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You can file for bankruptcy again after you have received a dismissal. However, you must wait 180 days after your previous case was dismissed to file again. If you want to file the same case -- a claim for the same debts -- you can do so, but your case starts from the beginning. This means that you must again file a petition and wait for the court to accept your case. It also means that you must again meet all filing requirements for eligibility, even if you met these requirements in your previous dismissed case. You must also pay all of your filing fees, or your case will be dismissed again.
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Chapter 7 Requirements
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Because since six months have passed between your dismissed case and your new case, you must show the court that your income still qualifies for a Chapter 7 filing. This means that your income must be equal to or lower than the average income of your state. If your income is higher, you can show the court that your expenses are as high as your income. You do have to receive credit counseling again and show the court proof of that counseling within 180 days before you file the new case.
Chapter 13 Requirements
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To file for Chapter 13 after a dismissal, you must also receive credit counseling again, anytime within the 180 days before you file your new petition. If your previous Chapter 13 case was dismissed before you started your payments, you can present a repayment plan to the court that is similar to your previous case's repayment plan. If your case was dismissed after you already started payments, you must now create a new repayment plan that focuses on the portions of debt you have not paid. When creating your plan, remember that some debts cannot be discharged, including student loans, alimony and child support.
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