J.M. Cook, P.A. | J.M. Cook
It sounds like you meant "dismissed" instead of "discharged". Completely different thing. You need to ask your atty. If they knew you were going to re-file, they probably crafted the order to allow re-filing without a "cooling off" period. Otherwise, it is the norm for the Court to require you to wait before re-filing.
Answer Applies to: North Carolina
Law Offices of Pamela L. Stewart | Pamela L. Stewart
There is no reason for you not to unless your attorney doesn't accept "repeat" filers. Also, you should have a change in circumstances as to why you are refiling within a few months of the dismissal of your case.
Answer Applies to: Texas
Hackett & Harris LLC | Ryan Hackett
Yes, you may refile a chapter 13 with the same, or with a different attorney. However, you will need to have a motion to extend the automatic stay filed to preserve that protection in the new case since a prior case was dismissed within one year.
Answer Applies to: Oregon
Marc S. Stern | Marc S. Stern
By discharged, I assume you mean dismissed. Discharge and dismissal are bankruptcy terms that have very different meanings. There is no problem with refilling as long as there is some change in circumstances. There are problems with serial filers that the BAPCPA tried to fix. There will be extra work and other issues but filing is not prohibited.
Answer Applies to: Washington
Law Office of Kristen Allard Shier | Kristen Allard Shier
It sounds like you are confused about the difference between "discharged" and "dismissed". Since the bankruptcy 'discharge' is the court's order relieving you of your legal obligation to pay the debts included in your bankruptcy, I am assuming you are actually saying that you voluntarily dismissed your case 2 months ago. Assuming there are no other issues surrounding the dismissal, you can refile your case with any attorney that is willing to work with you.
Answer Applies to: Colorado
Law Office of Jeffrey Solomon | Jeffrey Solomon
You should ask your attorney. The court order stating when you can refile may differ depending on your district. You might need a court order in your dismissied case for permission to file a new case. You will also have to file a motion to reimpose the automatic stay in the new case to prevent creditor action.
Answer Applies to: Florida
CONSUMER PROTECTION ASSISTANCE COALITION, INC. (DE). | Gary Lee Lane
Answer Applies to: California
Debt Relief Law Center | Roger J. Bus
Yes you can. However, your attorney may have to file an Affidavit (and schedule a hearing if need be) to have the Chapter 13 Stay extended (which expires after 30 days after the second case is filed). Your attorney will have to show a "change of circumstances" why the 2nd case is different from the dismissed case and for that reason the Stay should be extended beyond the initial 30 days. Without the "stay" in effect, creditors can still take collection action against you even though you are in 13.
Answer Applies to: Michigan
Steven Harrell, Attorney at Law | Waymon Steven Harrell
Was your case dismissed? Or was your case discharged? If your case was dismissed, you will need to have your attorney file a motion to extend the automatic stay in the bankruptcy court. If your case was discharged, you can file another case, but you may not be able to receive a discharge in the second case.
Answer Applies to: Georgia
The Barger Law Firm | Jason W. Barger
I assume you mean that you voluntarily "dismissed" your Chapter 13 case. If that is the case, then, yes, you can re-file. If you received a "discharge" from the court, then you cannot file for Chapter 13 relief for at least two years.
Answer Applies to: Texas
Law Office of J. Thomas Black, P.C. | J. Thomas Black
I'm not sure from your questions if you voluntarily "dismissed" or "discharged" your Chapter 13 case two months ago. Dismissed means you did not complete the previous plan. Discharged means you completed all the payments. In either event, there is nothing that would prevent you from re-filing, with the same attorney if you wish. If the case was voluntarily (or otherwise) dismissed, the "automatic stay" that protects you and your property from your creditors, only lasts for 30 days. To have this protection extended to last throughout your case, a motion has to be filed with the court, asking the court to extend the stay, and the hearing must take place within the 30 days. At the hearing, the burden is on you (and your attorney) to convince the judge that the new case will be successful, whereas the one that was dismissed, was not. In the usual case, that is not a problem. Someone loses their job and their case is dismissed for non-payment, and then they get a new job and file a new case. But in your situation, if you asked that your previous case be dismissed, you should be prepared to explain to the judge what happened, that you wanted the previous case dismissed, but now you have changed your mind. I would review your anticipated testimony carefully with your attorney before the hearing. If the judge decided not to extend the stay, your creditors would be able to continue to collect from you and your property, and filing the second case would likely have been for nothing.
Answer Applies to: Texas
Law Offices of James Wingfield | James Wingfield
I think you mean you voluntarily *dismissed* your Chapter 13 case. Assuming that is the case, then you can file a new bankruptcy now with the same lawyer or a different lawyer. HOWEVER, you should note that the Automatic Stay will only be in effect for 30 days from the time of the new case. You might be able to extend the stay beyond the 30-day period, but it will be your burden to prove that there has been a material change in circumstances that will warrant an extension of the stay.
Answer Applies to: Massachusetts
The Law Offices of Deborah Ann Stencel | Deborah A. Stencel
You can re-file with the same attorney as long as you are not barred from re-filing by Sec. 109(g). You will also need to file an extra motion with the court to extend the automatic stay past the first 30 days which explains to the court why this case will succeed when the last one did not. Call your attorney to go over the particulars.
Answer Applies to: Wisconsin
Law Office of Asaph Abrams | Asaph Abrams
I assume "discharge" is confused with "dismissed." You can re-file, however note restrictions with regard to refiling (e.g. limitations on the automatic stay, which begs an additional timely motion). As far as retaining the SAME lawyer: well... do you like him/her? This answer (by San Diego bankruptcy attorney, Asaph Abrams) 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 and/or its Southern District Bankruptcy Court only, and it's independent of other answers. It may be time sensitive, as in past the "Use by" date: laws and case law change.
Answer Applies to: California
Law Office of D.L. Drain, P.A. | Diane L. Drain
I think you mean that you voluntarily dismissed, not discharged, your chapter 13 two months ago. There are some issues with filing more than one case within a 12 month period. Before using any attorney make sure to get references from their prior clients and check out the State Bar for any complaints. A chapter 13 is usually very complicated and you should make certain that the attorney is very experienced not just in bankruptcy, but in chapter 13 bankruptcies. Ask how many successful 13s the attorney has completed, not just filed. The fact that you had to dismiss a case makes me wonder whether or not you were positioned properly in order to file in the first place. This is a long winded way of my saying - yes. you can use the same attorney. Just make sure they have the ability to do a good job. Chapter 13s are very difficult for the client, they are also very challenging for the attorney.
Answer Applies to: Arizona