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My Bankruptcy Case Was Dismissed — Can I Refile?

Published January 26, 2023 by Sasser Law Firm
My Bankruptcy Case Was Dismissed — Can I Refile?

If your Chapter 13 bankruptcy case in North Carolina was dismissed, you could be able to refile. Your chances of success may be impacted with the help of an attorney. Whether your case was dismissed because you did not make timely payments or for another reason, the attorneys at Sasser Law Firm can answer your question and may be able to help you find a solution.

To learn more about how long you have to wait to refile Chapter 13, the steps for refiling, and how a bankruptcy lawyer could help you, contact us today for a free consultation.

How Long Do You Have to Wait to Refile Chapter 13 After Dismissal?

Chapter 13 bankruptcy allows people with regular incomes to pay some or all of their debts through a repayment plan. But their bankruptcy case could be dismissed if they do not make payments on time.

If your Chapter 13 bankruptcy case was dismissed, you could refile. However, you will need to wait 180 days if any of the following apply to your case:

  • You voluntarily dismissed the case after a Motion for Relief was filed.
  • The case was dismissed with prejudice.
  • The case was dismissed for failure to appear in proper prosecution.

If none of these applies to your case, you will be free to refile for bankruptcy immediately. If so, the automatic stay that prevents creditors from taking action against you will still apply. Keep in mind that if you’ve had a bankruptcy case pending within 365 days before refiling, the automatic stay may last only 30 days unless the court extends the stay with an order. If there have been two cases pending in the prior 12 months then no stay will go into effect upon the case being filed and a stay will have to be requested based on a showing of changed circumstances.

How Many Times Can You file Chapter 13?

There is no set limit. Some debtors file several times over the course of years.

How to Refile Chapter 13 Bankruptcy

When you refile your Chapter 13 bankruptcy, you may need to take the following steps:

  • File a new petition– Your bankruptcy attorney will file a new petition, schedule, and plan based on your current circumstances.
  • Take a new course– If you file another Chapter 13 bankruptcy more than 180 days after the first credit counseling course, you will need to take another one. This is done on the internet and takes 30-90 minutes.
  • Explaining what went wrong and what is now going right– You may need to explain to the bankruptcy judge or trustee or creditor why your new case will be successful if your prior case was not. Be prepared to discuss the current state of your finances.

When to Get Help From a Bankruptcy Attorney

If you are considering refiling a Chapter 13 bankruptcy, you may want to consult an attorney. Sasser Law Firm has experienced bankruptcy attorneys who are happy to talk with you over the phone or in person or over video. The firm has filed over 10,000 cases and has been in business since 2000. Contact Sasser Law Firm today to speak to one of our bankruptcy attorneys.

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