Bankruptcy Law Questions? Ask a Bankruptcy Lawyer Now.
What bankruptcy Chapter were you dismissed from (7, 11, 12, 13)?
What bankruptcy Chapter do you wish to file for a second time?
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I'm sorry, but I cannot connect your response to my two questions. The answer depends on your precise answer to each of the questions, so would you please answer them specifically.
A debtor can refile a subsequent Chapter 13, unless the prior dismissal was due to the debtor's willful failure to follow court orders, or after a motion to lift stay was filed, in which case the debtor must wait 180 days from the prior dismissal date.
Also, the subsequent filing, if made within 12 months of the prior dismissal, will cause the bankruptcy stay to automatically lift as to all creditors after 30 days, unless the debtor shows a substantial excuse as to why the stay should not be lifted. The burden of proof is on the debtor, and it needs to be something considerably more than a "dog ate my homework" excuse. There are a number of court cases on this issue, and it would be beyond the scope of this forum to attempt to analyze your facts with the case law in this area, due to the time required.
BotXXXXX XXXXXne, you can refile, subject to the various exceptions above, but your case will be considerably more difficult than it was the first time around, unless you can wait at least one year from the date of the last dismissal.
Hope this helps.
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