Can I File a New Bankruptcy Case if my Prior Case Was Dismissed?
If the court dismisses your bankruptcy case without prejudice, you can file another bankruptcy. Typically the can be done immediately and you may need to be protected from creditor collection efforts. Some people incorrectly believe that if you have a case that was dismissed you are not allowed to re-file. Typically, filing and new case is the same process as was filing your original case except that you may have to resolve any issues that caused your first case to be dismissed before your second case is filed. Also, if you want protection from your creditors in your second case it may recommend you file a motion to extend or impose the automatic stay protection in your new case.
What does “Dismissing Your Bankruptcy Case Without Prejudice” Mean?
When you file for bankruptcy, you must meet certain requirements to complete your case and get a discharge. If you don’t complete all the required steps, the court can dismiss your case with or without prejudice. If the court dismisses your bankruptcy without prejudice, it means that you can usually immediately file another case (as long as you are otherwise eligible). Unless you abuse the bankruptcy process or willfully disobey orders of the court, most bankruptcy dismissals are without prejudice. It is rare for a court to dismiss a bankruptcy case with prejudice.
Will I Have the Same Protection From Creditors In My Second Case?
When you file for bankruptcy, an automatic stay is put in place that prohibits most creditors from starting or continuing their collection activities. Bankruptcy laws have certain limits on the automatic stay if you file multiple bankruptcy cases. The rules are made to discourage individuals from filing for bankruptcy multiple times to delay or hinder their creditors.
Do you Have More Questions About Re-filing a Bankruptcy Case?
For more information on how to file a case after a prior dismissal and getting the automatic stay protection in your subsequent case it’s best to speak with one of our experienced bankruptcy attorneys who can answer any questions you may have and help advise you through the process. Contact our office for a free consultation with one of our experienced bankruptcy attorneys.