Refiling Bankruptcy After Dismissal

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