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Ask WALLSTREETESQ Your Own Question
Category: Bankruptcy Law
Satisfied Customers: 17252
Experience:  14 years exp., CH 7 AND 13 Bankruptcy cases, AFL-CIO UNION PLUS, UFT NYSID AND ALL MAJOR UNIONS
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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: 7 years ago.
Category: Bankruptcy Law
Expert:  WALLSTREETESQ replied 7 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