If Your Bankruptcy Case is Dismissed, Can You Refile?

TRI Writer • July 24, 2020

The bankruptcy court may dismiss your bankruptcy case for several different reasons. The Bankruptcy Code outlines various responsibilities for debtors, and, unfortunately, if a bankruptcy petitioner does not comply, their entire case can be dismissed.

Why Do Some Bankruptcy Cases Get Dismissed?

Failing to comply with any of the responsibilities assigned to bankruptcy petitioners by the Bankruptcy Code jeopardizes the case. The risk of dismissal is one of the reasons it is essential that petitioners work with an experienced bankruptcy attorney. If a bankruptcy case is dismissed (without a discharge of debt), the automatic stay disappears, and creditors are free to seek payment again. Working with an experienced attorney and adhering to the bankruptcy rules should be enough to keep your case from being dismissed by the court. But what happens if your case does get dismissed? Can you refile?

If Your Bankruptcy Case Is Dismissed, Can You Refile?

If the bankruptcy court dismisses your bankruptcy case, your chances of refiling (and when you can refile) depend on the reason for the dismissal. Why was your bankruptcy case dismissed? If the bankruptcy court dismissed your case because they suspected fraud or otherwise decided you were taking advantage of the system, you might be required to wait 180 days before refiling bankruptcy. According to Section 109(g) of the Bankruptcy Code, debtors whose case was dismissed must wait 180 days to refile if the court dismissed their case due to alleged willful failure to fulfill court orders, appear before the court, or if the debtor requested and obtained a voluntary dismissal of the bankruptcy case after filing a request for relief from the Automatic Stay order.

If you are unsure whether or not your bankruptcy case was dismissed due to “willful failure” to fulfill court orders, or if you aren’t sure whether or not you need to wait to refile bankruptcy, Call Kenneth C. Rannick P.C., Tennessee, and Georgia bankruptcy attorney. We help good people through bad times.

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Are you a Tennessee resident facing financial challenges and considering bankruptcy? If so, you may have heard about a relatively new option called Subchapter 5 bankruptcy. But what exactly is Subchapter 5 and how does it differ from traditional Chapter 11 bankruptcy? More importantly, what benefits does it offer to individuals and small businesses?  In this blog post, we will explore the world of Subchapter 5 bankruptcy and shed light on its advantages for Tennessee residents. Whether you're a struggling entrepreneur or an individual burdened by overwhelming debt, understanding the potential benefits of Subchapter 5 can help you make informed decisions about your financial future. What is Subchapter 5 Bankruptcy? Subchapter 5 is a relatively recent addition to the United States Bankruptcy Code, specifically designed to provide a streamlined and cost-effective bankruptcy process for small businesses and individuals. It was created as part of the Small Business Reorganization Act (SBRA) in 2019, with the aim of increasing accessibility to Chapter 11 bankruptcy relief. The Benefits of Subchapter 5 Bankruptcy Simplified Process: One of the key advantages of Subchapter 5 is its simplified and faster bankruptcy process. Unlike traditional Chapter 11 bankruptcy, which can be complex and costly, Subchapter 5 offers a more streamlined approach that is better suited for small businesses and individuals. Retention of Ownership: Under Subchapter 5, business owners have the opportunity to retain ownership and control of their company while developing a repayment plan. This allows for greater flexibility and the ability to restructure debts without losing ownership interests. Reduced Plan Requirements: Subchapter 5 eliminates certain stringent plan requirements that are typically associated with traditional Chapter 11 bankruptcy. This simplification of the plan process makes it more accessible to small businesses and individuals. Debt Repayment Plan: Subchapter 5 allows for the development of a debt repayment plan based on the individual's or small business's disposable income. This plan spans over three to five years, making it more manageable and achievable for debtors. Creditor-Friendly Approach: Subchapter 5 encourages creditor participation and collaboration, promoting consensual resolutions and a more amicable environment. This can lead to increased cooperation, reduced litigation costs, and ultimately, a more successful restructuring process. Subchapter 5 vs. Chapter 11 Bankruptcy: Understanding the Difference While both Subchapter 5 bankruptcy and traditional Chapter 11 bankruptcy share some similarities, there are significant differences between the two. The primary distinction lies in the complexity, cost, and requirements associated with each option. Subchapter 5 offers a more simplified and accessible bankruptcy process specifically tailored to the needs of small businesses and individuals, while Chapter 11 is better suited for larger businesses with more complex financial structures. If you're a Tennessee resident grappling with financial difficulties, Subchapter 5 bankruptcy may provide a viable solution. Its streamlined process, reduced plan requirements, and debtor-friendly approach make it an attractive option for small businesses and individuals seeking relief from overwhelming debt. Before making any decisions, it's essential to consult with a qualified bankruptcy attorney who can guide you through the process and help determine the best course of action for your specific situation. Remember, bankruptcy is not a one-size-fits-all solution, and the outcome will depend on various factors. However, understanding the potential benefits of Subchapter 5 bankruptcy can empower you to make informed decisions about your financial future. At Kenneth C. Rannick, P.C., we specialize in bankruptcy law and can provide the guidance and support you need during challenging times. Contact us today to schedule a consultation and explore your options for a fresh start. Take control of your financial future with Subchapter 5 bankruptcy. Let us help you navigate the path to a brighter tomorrow.
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