Can I refile for bankruptcy if both times my file has been dismissed? 15 Answers as of January 05, 2012

Google me and "repeat filing" on relevant considerations. Dismissals are not arbitrary. Defects must be corrected; it's not a matter of just playing the odds. This answer (as well as our Web site) doesn't address all facts & implications of the question; it's general info, not legal advice to be relied upon; it creates no attorney-client relationship; it may be pertinent to CA only; it's independent of other answers. Hire legal counsel before acting or refraining from bankruptcy/legal action.

Unless the Court specifically ordered that you may not refile a bankruptcy case for a certain period of time, you may certainly refile notwithstanding the dismissal of your prior cases. But be advised that the Automatic Stay will not be in effect upon your next bankruptcy filing and will only be put into place at the Court's discretion after an appropriate motion is brought.

Yes, you can, but good luck. I would recommend you re-file bankruptcy, but use an attorney. Remember, bankruptcy is federal law governed by legal rules and procedures. You'll find using an attorney will get you a better result.

There is no automatic stay if the 3rd case is filed within a 1 year of the first case. Filing multiple cases on your own (especially ch13's) is a recipe for disaster. You need to see a lawyer.

You can re-file a third Chapter 13 case. However, you get absolutely no protection from the automatic stay on the third filing. Thus, if the car has been repossessed you will almost more than likely not get it back. Also, you must have good faith in filing the case. If you file and are not able to make payment plans, it is likely that you will have your case dismissed with a bar to refile again. Also, you need to make sure that your case was not dismissed with a bar from refilling. Many times if you fail to make a payment, the trustee can request that the case be dismissed with a bar from refilling.

You can file a 3rd time but you will not get the protection of the automatic stay and you won't get your car back.

You can re file in 180 days, but you will not have the automatic stay protection. No you cannot get your car back.

If you have had two previous Chapter 13's that were dismissed, you can refile. The problem is the automatic stay, the process that stays collection, will expire after 30 days unless you can get a court order extending the stay. With two previous bankruptcy, that can be difficult, depending on your local court. Bigger question would be why would you continue to file Chapter 13 when obviously that isn't working for you. Most people who think they are Chapter 13 candidates are actually better suited in Chapter 7. Whether you can get your car returned will depend on when you file, when the car was taken and whether you still have some redemptive rights at the time of filing.

Yes and no. Yes you can refile but the bankruptcy will not get your car back.

If this is your third filing in a year, the automatic stay does not go into effect and whether you can get a repossessed car back depends on what point in the repossession process the car lender is at.