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VanDLaw, Attorney
Category: Bankruptcy Law
Satisfied Customers: 833
Experience:  Chapter 7 & 13
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If a bankruptcy was dismissed as a bad bankruptcy in 2005 can

Customer Question

If a bankruptcy was dismissed as a bad bankruptcy in 2005 can I re-file as a Chapter 7?
Submitted: 7 years ago.
Category: Bankruptcy Law
Expert:  VanDLaw replied 7 years ago.



I will be happy to assist you. When you say bad bankruptcy was dismissed I am assuming your bankruptcy was dismissed by the Court. You can file a Chapter 7 now, provided you meet the means test. The law changed in 2005, so depending on when you filed you may have been filing under the old laws that did not have this income test requirement.


Nevertheless, you can file another petition now.


Here is the bankruptcy code:

An individual cannot file under chapter 7 or any other chapter, however, if during the preceding 180 days a prior bankruptcy petition was dismissed due to the debtor's willful failure to appear before the court or comply with orders of the court, or the debtor voluntarily dismissed the previous case after creditors sought relief from the bankruptcy court to recover property upon which they hold liens. 11 U.S.C. §§ 109(g), 362(d) and (e).