How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask WALLSTREETESQ Your Own Question
WALLSTREETESQ
WALLSTREETESQ, Attorney
Category: Bankruptcy Law
Satisfied Customers: 17080
Experience:  14 years exp., CH 7 AND 13 Bankruptcy cases, AFL-CIO UNION PLUS, UFT NYSID AND ALL MAJOR UNIONS
16356563
Type Your Bankruptcy Law Question Here...
WALLSTREETESQ is online now
A new question is answered every 9 seconds

We received a Order from the Court Order Denying Confirmation

Customer Question

We received a Order from the Court Order Denying Confirmation of Chapter 13 Plan without Leave to Amend or File New Plan, and giving us 14 days to convert to another Chapter, voluntary dismiss or the Court would dismissed. We were advised to let the Court dismiss so we could refile. But 4 days later (NOT 14) the Court issued an Order Dismissing Case for failure to provide tax return. This Order does not say with or without prejudice anywhere on the Order, just dismissed and stay is lifted. Can we refile?
Submitted: 6 years ago.
Category: Bankruptcy Law
Expert:  WALLSTREETESQ replied 6 years ago.
if the case was dismissed without prejudice you can refile, however the trustee may limit the automatic stay if you do not have a valid reason why the new case will be confirmed