Can you file again after dismissal?
In most cases, yes - but with important limitations. The rules depend on how many times you have filed and whether the court imposed a filing bar.
General rule: no waiting period
There is no mandatory waiting period to refile after dismissal. You can file a new case immediately. However, two important consequences apply:
Automatic stay limitations
- One prior dismissal in past year: Under Section 362(c)(3), the automatic stay in your new case expires after 30 days unless you file a motion to extend it and show good faith
- Two or more prior dismissals in past year: Under Section 362(c)(4), no automatic stay takes effect at all unless you file a motion and show changed circumstances
Filing bars
In some cases, the court may impose a filing bar as a condition of dismissal - typically 180 days. Under Section 109(g), you cannot file during this period if your case was dismissed:
- For willful failure to obey court orders
- At your own request after a creditor filed for relief from the automatic stay
Before refiling
Before filing a new case, address whatever caused the dismissal:
- If you missed payments, ensure your income supports the plan
- If you failed the means test, check if your income has changed
- If you missed deadlines, organize your documents in advance
- Consider whether a different chapter is more appropriate
Important: Filing repeatedly without success can result in sanctions and increasingly difficult automatic stay limitations. Address the underlying issues before refiling.