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One can file a bankruptcy case at any time. The only issues upon filing will be:

1. Under what Chapter will one be permitted to file;

2. Whether one will get the benefit of the automatic stay while the case is pending; and

3. Whether one will get a discharge at the end of the case.

If a prior case was filed but no discharge order was ever issued, a stay of all collection efforts will issue automatically and the debtor may be eligible for a discharge at the end of the case. If a discharge order was indeed entered in the prior case, a Debtor must wait for specified periods if he or she is to benefit from an automatic stay and receive a discharge in the new case. The following is a table summarizing the waiting period required by law to stay creditors and get a discharge of debts:

Prior Case Chapter 7 Chapter 13

Chapter 7 8 years 4 years

Chapter 11 8 years 4 years

Chapter 12 6 years 4 years

Chapter 13 6 years 2 years

- BensonBankruptcy.comYou can refile after your bankruptcy case has been discharged by the court. I filed a chapter 7 in December, it was discharged March 15 and I filed a chapter 13 on the 22nd.

You can file chapter 13 as soon as your bankruptcy is dismissed but can only file chapter 7 every 7 years.

"Dismissed" means the court threw your case out without "Discharging" any of your debt.

You can either file Chap 13 immediately, or go to another Chap 7 filing after waiting 6 months...sort of a penalty period. Unless that has changed to, as someone said, 6 or 7 years. has most of the information you will need.

You cannot file a Chapter 7 case for 6 years after the filing date of a prior Chapter 7 or Chapter 13 which received Discharge. You can file a Chapter 13 nearly anytime so long as no other case is pending (with some exceptions). (FYI filing a Chapter 13 immediately after a Chapter 7 is called a "Chapter 20"). As of today (2/11/05) there is legislation pending in the United States Senate which I believe will increase the time you have to wait to 8 years, but this law may or may not get passed.

However, if the case was dismissed (and not Discharged), one can normally re-file immediately after dismissal unless the Court places a bar to re-filing, or unless the circumstances create a bar to re-filing. Sometimes, if the Court feels that a debtor acted in bad faith or for some other reason, the Court may bar the debtor from re-filing for some period of time. Or, once a Motion for Relief is filed by a creditor, if the debtor voluntarily dismisses his or her own case, then that debtor is automatically barred from filing a new case for 180 days. Please keep in mind that nothing in this posting or in any other posting constitutes legal advice, it is simply my understanding of the facts, which I do not warrant in any way.

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โˆ™ 2015-07-15 21:45:22
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Q: Can you refile immediately after your bankruptcy has been dismissed?
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Related questions

Can a chapter 13 bankruptcy that has been dismissed be discharged?

No, once a bankruptcy is dismissed it has to be refiled after the time limit has expired. The time limit to refile after a chapter 13 dismissal is two years.

Can you refile chapter 13 bankruptcy under the new bankruptcy law after your case was dismissed to avoid foreclosure?

A chapter 13 can be filed if it has been at least two years from the date the first filing was dismissed.

If bankruptcy has been dismissed can you file again?

If bankruptcy has been dismissed it is possible to file again. The trustee will require an explanation of why the first case was dismissed before accepting a new bankruptcy case.

When a criminal case has been dismissed in the state of Michigan how long do the courts have to refile?

Not enough information. Was it dismissed WITH prejudice, or WITHOUT prejudice?

What is the time frame you can refile a case once its been dismissed without prejudice?

10 days

Can you reinstate a dismissed bankruptcy?

If you have come through a bankruptcy you have been through quite a bit. It is important to know that if your bankruptcy was dismissed, it may still be reinstated at a later date.

Can you sell your home after you've been dismissed from bankruptcy?


Can a discharged bankruptcy be reinstated?

Discharged Bankruptcy normally means that it was a successful bankruptcy and the debt slate is now clean. But if your bankruptcy has been dismissed by the court you can file to have it reinstated. An experienced bankruptcy attorney can help you file to reinstate your dismissed bankruptcy case. You must include the reason the case was dismissed, why it failed and how it will be better if the case is reinstated.

How do you know if a bankruptcy has been dimissed?

The bankruptcy trustee in charge of the case will notify the filer that the BK has been dismissed and the reasons for it having been done.

What does it mean if your bankruptcy has been dismissed?

It is dismissed when the terms of the bankruptcy have not been met. Creditors are no longer barred from seeking repayment. A complete one is called confirmed, in a dismissal everything returns to the way it was before filing.

What is the statute of limitations for a foreclosure judgment in Florida?

I want to know what is the time frame to refile a foreclosure after been dismissed voluntary by the plaintiff

Can you file chapter 7 bankruptcy before a chapter 13 has been dismissed?

No. You can only have one bankruptcy proceeding at a time. You can convert the 13 to a 7.

Can you file ch.7 bankruptcy after you have filed ch.11 bankruptcy?

Not unless the c. 11 has been dismissed or closed. You cannot have two bankruptcy proceedings pending at the same time. If the c. 11 was dismissed for cause, you may have to wait 180 days to file the c. 7.

In Arkansas after a divorce has been dismissed how long do you have to wait to refile for divorce?

it take at least 30 days after your hearing is heard for the judges to get everything filed for state records.

What does dismissal without leave mean?

Dismissal without leave mean is a legal term which mean that the suit has been completely dismissed. There is not option to refile the complaint or amend it.

How do you remove an automatic stay after the bankruptcy has been dismissed?

The automatic stay is more a term of art. If a case has truly been dismissed and you can verify this online, then the automatic stay was also terminated at that time. Nothing needs to be filed or done on your part. Verify that it was dismissed though.

What is dismissed versus discharged in regards to bankruptcy?

Discharged indicates the bankruptcy has been found valid and the debts that were allowed to be included in the BK have been expunged, (discharged and closed are two different matters). Dismissed means for some reason(s) the bankruptcy filing was not considered valid and the BK petitioner's debts will remain collectible by whatever means the creditor chooses including a lawsuit.

Can a judgment be dismissed if you file for bankruptcy?

To get technical, a bankruptcy does not "dismiss" a judgment. However, the end result is the same- a bankruptcy will "discharge" the debtors responsibility to pay the judgment which makes unenforceable - uncollectible. It is against Federal law to try and collect funds that have been discharged in bankruptcy. Prior to the discharge in a bankruptcy, and IMMEDIATELY after the filing of your bankruptcy petition, an "automatic stay" by the court is put in place to freeze all collections actions against you. There are several exceptions which include certain taxes, student loans and fraud.

Whats the difference between discharged and dismissed?

In very simple terms, discharged means the BK filing was found valid, and the bankruptcy has been granted. Dismissed means that there was/were (an) error(s) of some sort in the filing and the BK has been disallowed. .

Can you file for bankruptcy again after the dismissal of a Chapter 7 bankruptcy?

Bankruptcy is meant to give an honest debtor a fresh start in life. Just because your chapter 7 petition has been dismissed it does not mean that you can never file for bankruptcy protection. If your chapter 7 petition was dismissed less than a year ago, then the automatic stay that comes into operation on the filing of a bankruptcy petition will be operational only for 30 days after which it will be terminated unless you can show that your prior filing which was dismissed was filed in good faith. For an official opinion, it is advised you seek legal counsel.

In South Carolina when can a chapter 7 bankruptcy be filed after a chapter 13 has been dismissed?

Two years after the date of the chapter 13 dismissal.

What year did the law change for bankruptcy on your credit report for 10 years?

The time limit for a discharged chapter 7 or 13 bankruptcy to remain on a credit report has always been 10 years. A dismissed chapter 7 wil remain 10 years, a dismissed chapter 13 will remain 7 years.

What is meant by the term closing of the bankruptcy?

It just basically means the case is over. There are no more pending proceedings. The discharge has been entered or the case is otherwise dismissed or complete.

If you filed Chapter 13 but it was withdrawn and dismissed how do you get this removed from the CRA's since you did not go bankrupt?

You can't get it removed. It will stay on there for 10 years and that is just a consequence of filing for bankruptcy. You can write to the credit reporting agencies to have the entry changed to reflet that it has been dismissed.

Can you get a credit card if it was included in a chapter 7?

Once your bankruptcy has been dismissed, you can apply for and receive new credit. It is not recommended but many people do get new credit cards after filing. Usually a company included in a bankruptcy will not extend credit to you again.