Debt and Bankruptcy
Bankruptcy Law
Court Procedure

If a bankruptcy is dismissed by the courts can you refile?

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2011-12-02 11:49:56
2011-12-02 11:49:56

If your case was dismissed it will generally be because you failed to do or show something. Time is of the essence and your case can be reinstated, but you will need to know why the case was dismissed to rectify the problem.what i know for the court to dismiss the case there general reasons that can make the court to dismiss the case.1 if you fail to present the needed proof in time, or if you fail to provide proof. 2 if you have failed it in bankrupcy and the court prooves that the case was supposed to be failed in another form, they can dismiss that and either request you to fail it in its supposed form.3 if the case had an expired date , so the case might be failed back only when the court dismiss it when it was failed in a long form, so the court will ask you to fail it in another way. thats the only way you can fail back the case

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What could you possibly mean by overturned? Bankruptcy cases are dismissed (for any number of reasons) or discharged (as in completed). It is all covered by Federal law. Depending on which and why will depend on when you can refile.

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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.

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

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

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If your case was dismissed with prejudice, it is because you failed to supply the needed schedules on time or you failed to do what that the court requested. The court will notify you that the case is dismissed and give instructions whether you can refile and the time line in which you can do it.

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Yes you can, as long as it was dismissed and not discharged.

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Bankruptcy is a federal procedure and court. State laws have a bearing on some issues, especially exemptions, but otherwise the rules are the same. If the Chapter 13 was dismissed for cause, you will have to wait 180 days. If it was dismissed for any other reason, you can refile any time. You may not be entitled to a discharge, however, so check with a bankruptcy lawyer and do it right.

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If he voluntarily dismissed his own complaint then generally, he can refile if the situation in the complaint continues. However, if he filed a complaint over a specific, one time situation and then dismissed it he may not be able to refile. You should ask to review the situation with a court advocate or your attorney.If he voluntarily dismissed his own complaint then generally, he can refile if the situation in the complaint continues. However, if he filed a complaint over a specific, one time situation and then dismissed it he may not be able to refile. You should ask to review the situation with a court advocate or your attorney.If he voluntarily dismissed his own complaint then generally, he can refile if the situation in the complaint continues. However, if he filed a complaint over a specific, one time situation and then dismissed it he may not be able to refile. You should ask to review the situation with a court advocate or your attorney.If he voluntarily dismissed his own complaint then generally, he can refile if the situation in the complaint continues. However, if he filed a complaint over a specific, one time situation and then dismissed it he may not be able to refile. You should ask to review the situation with a court advocate or your attorney.

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Only if the acting judge dismisses "without Prejudice" You can usually refile

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It depends on why and how it was dismissed. You may be able to refile immediately if it was not for a serious reason, for example, if you failed to file the debt counseling certificate or other document. In some situations, you may not be entitled to a discharge but you still may be able to get a stay of any collection actions. Consult an experienced bankruptcy lawyer.

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Yes, and if things don't work out, you can refile.

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While it's possible you can refile (correct or amend whatever the problem was)...for at least while it is dismissed, you no longer have the protection of the Court from creditors and you can expect they will pursue collection vigorously.

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Having a bankruptcy dismissed does restart the statute of limitation on a bankruptcy. You will have to wait eight years to file another bankruptcy.

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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.

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If the court dismisses it "without prejudice," you can refile it.

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A discharged bankruptcy indicates the filing was found valid, approved and executed. The debtor is no longer obligated for those debts that were included in the bankruptcy. A dismissed bankruptcy indicates the BK was found to be invalid. It could the result of missing documentation, misrepresentation of facts and so forth. An important factor could be if the bankruptcy is dismissed with prejudice or simply dismissed.

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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.

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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.

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A dismissed bankruptcy will affect your credit, but not severely. It may only lower it by a couple points or so.

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I WAS DISCHARGED FROM A THIRTEEN ON MARCH 21,2005 AND REFILED ANOTHER THIRTEEN DECEMBER 27, 2005. I KNOW AT LEAST THAT, LONG HERE IN LOUISIANA.


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