Can You Re-File Chapter 13 Bankruptcy After a Prior Case Has Been Dismissed?

Re-filing for Chapter 13 bankruptcy after a prior case has been dismissed is possible, but it involves specific legal considerations. Understanding these nuances and seeking the advice of a bankruptcy lawyer can significantly impact the outcome of your new filing. Here’s what you need to know about re-filing for Chapter 13 bankruptcy.

1. Understanding Waiting Periods

• Immediate Re-Filing: If your previous Chapter 13 bankruptcy case was dismissed without prejudice, you can generally re-file immediately. Consulting with a bankruptcy lawyer can help you navigate the re-filing process smoothly.
• 180-Day Waiting Period: In cases where the dismissal was with prejudice—often due to non-compliance with court orders or filing abuse—you may be required to wait 180 days before re-filing. A bankruptcy lawyer can assess your specific situation and advise on the best course of action.

2. Automatic Stay Limitations

• Limited Automatic Stay: Re-filing within a year of a previous case dismissal means the automatic stay (which prevents creditors from pursuing debts) is initially limited to 30 days.
• Extending the Stay: To extend the automatic stay beyond 30 days, you must file a motion with the court. A bankruptcy lawyer can help you prepare and present this motion effectively, demonstrating that your new filing is made in good faith.

3. Good Faith Requirement

• Court Scrutiny: The court will closely examine the circumstances of your new filing to ensure it is done in good faith and not as an abuse of the bankruptcy process. A bankruptcy lawyer can help you gather and present the necessary evidence to prove your case.
• Demonstrating Good Faith: You may need to show significant changes in your financial situation, explain why the previous case was dismissed, and provide a feasible plan for your new Chapter 13 repayment plan. A bankruptcy lawyer can guide you through these requirements.

4. Impact on Credit

• Credit Implications: Re-filing for bankruptcy will further impact your credit score and may extend the period the bankruptcy remains on your credit report. A bankruptcy lawyer can advise on the long-term effects and strategies to rebuild your credit post-bankruptcy.

5. The Role of a Bankruptcy Lawyer

• Legal Assistance: Given the complexities and potential pitfalls of re-filing for Chapter 13 bankruptcy, consulting with a bankruptcy lawyer is crucial. They can help you understand the legal requirements, file necessary motions, and increase the likelihood of a successful re-filing.

Re-filing for Chapter 13 bankruptcy after a prior case has been dismissed is feasible but comes with specific challenges and legal requirements. Understanding the waiting periods, automatic stay limitations, and the importance of demonstrating good faith are crucial. Consulting with a bankruptcy lawyer can provide the guidance needed to navigate these complexities and improve the chances of a successful re-filing. By working with a knowledgeable bankruptcy lawyer, you can better manage the re-filing process and work towards achieving financial stability.