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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