I voluntarily discharged my chapter 13 two months ago, can I refile now with same attorney? 26 Answers as of May 30, 2013

I voluntarily discharged my chapter 13 two months ago, can I refile now with same attorney?

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Mauritz Van Niekerk, Attorneys at Law
Mauritz Van Niekerk, Attorneys at Law | Christiaan van Niekerk
Yes.
Answer Applies to: New York
Replied: 5/30/2013
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
Replied: 5/7/2012
Ashman Law Office
Ashman Law Office | Glen Edward Ashman
Yes.
Answer Applies to: Georgia
Replied: 5/30/2013
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
Replied: 5/7/2012
Law Office of Michael Johnson
Law Office of Michael Johnson | Michael Johnson
You can refile, if you have filed a motion to reduce the prejudice time. In florida there is a 180 day period if you have not gotten it reduced.
Answer Applies to: Florida
Replied: 5/7/2012
    Alvin Lundgren | Alvin Lundgren
    I assume you voluntarily dismissed your bankruptcy. Whether or not it can be refiled or reopened may depend on the reason(s) for the dismissal.
    Answer Applies to: Utah
    Replied: 5/7/2012
    Charles Schneider, P.C.
    Charles Schneider, P.C. | Charles J. Schneider
    Yes.
    Answer Applies to: Michigan
    Replied: 5/30/2013
    Hackett & Harris LLC
    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
    Replied: 5/7/2012
    Marc S. Stern
    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
    Replied: 5/7/2012
    Olson Law Firm | Edward M Olson
    Yes, as long as you still qualify.
    Answer Applies to: Michigan
    Replied: 5/4/2012
    Law Office of Kristen Allard Shier
    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
    Replied: 5/4/2012
    Bird & VanDyke, Inc.
    Bird & VanDyke, Inc. | David VanDyke
    Yes, but it is a little more complicated the second time.
    Answer Applies to: California
    Replied: 5/4/2012
    Robert Suhajda
    Robert Suhajda | Robert Suhajda
    Yes but you must wait 180 days after your bankruptcy dismissal before attempting to file for bankruptcy a second time.
    Answer Applies to: California
    Replied: 5/4/2012
    Law Office of Jeffrey Solomon
    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
    Replied: 5/4/2012
    CONSUMER PROTECTION ASSISTANCE COALITION, INC. (DE).
    CONSUMER PROTECTION ASSISTANCE COALITION, INC. (DE). | Gary Lee Lane
    Yes.
    Answer Applies to: California
    Replied: 5/30/2013
    Law Office of Pho Ethan Tran PLLC
    Law Office of Pho Ethan Tran PLLC | Pho Ethan Tran
    If you voluntarily "withdrew" your bankruptcy petition, you may refile your petition with the same attorney. You should talk to your attorney about your case.
    Answer Applies to: Texas
    Replied: 5/4/2012
    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
    Replied: 5/4/2012
    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
    Replied: 5/4/2012
    The Barger Law Firm
    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
    Replied: 5/4/2012
    Law Office of J. Thomas Black, P.C.
    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
    Replied: 5/4/2012
    Law Offices of James Wingfield
    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
    Replied: 5/4/2012
    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
    Replied: 5/4/2012
    Law Office of Asaph Abrams
    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
    Replied: 5/4/2012
    Diefer Law Group, P.C.
    Diefer Law Group, P.C. | Abel Fernandez
    Yes, you can refile the bankruptcy with the same attorney as long as there is no restriction imposed by the court against refilling within 180 days.
    Answer Applies to: California
    Replied: 5/4/2012
    Law Office of D.L. Drain, P.A.
    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
    Replied: 5/4/2012
    The Law Offices of Kristy Qiu
    The Law Offices of Kristy Qiu | Mengjun Qiu
    You have to file a motion to shorten the period of prejudice first, usually the period is 6 month otherwise. Your attorney should know what to do.
    Answer Applies to: Florida
    Replied: 5/4/2012
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