What can I do if my bankruptcy case was dismissed? 17 Answers as of September 11, 2013

My bankruptcy case was dismissed on August 16, 2013. I need some help right away.

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Law Office of Thomas C. Phipps | Thomas C Phipps
You need look at the dismissal order and find out why it was dismissed. You may be able to file a motion to se the order aside or to reinstate the bankruptcy.
Answer Applies to: Missouri
Replied: 9/11/2013
Colorado Legal Solutions
Colorado Legal Solutions | Stephen Harkess
You need to hire an attorney and refile correctly. You need to correct whatever caused your previous case to be dismissed.
Answer Applies to: Colorado
Replied: 8/28/2013
Janet A. Lawson Bankruptcy Attorney
Janet A. Lawson Bankruptcy Attorney | Janet Lawson
You can generally refile. Why was it dismissed? What type of case was it?
Answer Applies to: California
Replied: 8/27/2013
Law Offices of Joseph A. Mannis
Law Offices of Joseph A. Mannis | Todd Mannis
Refile if that is possible. I say if possible because I know nothing about your case or why it was dismissed.
Answer Applies to: California
Replied: 8/27/2013
Hayward, Parker, O'Leary & Pinsky, Esqs.
Hayward, Parker, O'Leary & Pinsky, Esqs. | Michael O'Leary
It really depends upon the facts surrounding the dismissal. You are not eligible to re-file a bankruptcy case for 180 days if (1) the case was dismissed because you failed to abide by Bankruptcy Court Orders, or (2) you voluntarily dismissed the case following the filing of a motion for relief from the automatic stay. In most other circumstances you could re-file immediately, although you will have to jump through a few hoops to get the automatic stay extended beyond the 30 day period after the re-filing. This may or may not be a problem, depending upon the type of bankruptcy that you file and what you are hoping to achieve by such a filing.
Answer Applies to: New York
Replied: 8/27/2013
    Law Office of David T Egli | David T. Egli
    What chapter did you file and why was it dismissed? Is this your first case filing or have you filed other bankruptcy cases before? Do you have immediate need of the automatic stay? Did the court put a bar against filing a new bankruptcy case? Answers to these questions can effect the alternatives are available to you and which of the available alternatives is the best to take. When a case is dismissed, you can either: (1) File a motion requesting an order to set aside the dismissal and to reopen your case; or (2) File a new bankruptcy case. Filing a new case is usually fastest as you can file a new case as soon as the old case is dismissed. In some circumstances, though, a court may order that the debtor is barred from filing a new case for a period of time, such as 6 months, in its order of dismissal. If there is a bar, you going to have to wait until that time expires unless you have grounds for a motion to set aside the dismissal or grounds for a motion to obtain a court permission to file a new case before bar period expires. If you do refile, the number of cases you've filed can affect your stay protection. For example, if the new case would be your second case in a year, the automatic stay will last for only 30 days unless your file a motion to extend the stay is filed and the motion is heard before the end of the 30 days. If you've filed more than 2 previous cases, you may not even have a stay (which may be reason you want to seek reopening the earlier case). Filing a motion to set aside the dismissal and reopen your case, is usually cheaper than filing a new case. If your case was dismissed because you failed to file your certification of completion of the post-filing education course, your court may have a fill-in-the-blank form that you must use to reopen your case and get more time to file the certificate. If your case was dismissed for other reasons, the court will require notice be given of your motion and a hearing be held for it to determine if you have grounds for the dismissal to be set aside. This takes time. If you need immediate stay protection, you will have to consider either a motion to shorten time for the hearing or filing a new case. Motion procedures can be complicated. I would advise you need to review the specific facts of your case with an experienced attorney admitted to practice in the bankruptcy court where your case was pending to determine what to do next.
    Answer Applies to: California
    Replied: 8/27/2013
    Goldsmith & Guymon
    Goldsmith & Guymon | Marjorie Guymon
    You must identify why, and file a motion with the court seeking to reinstate it if possible, or file a new case.
    Answer Applies to: Nevada
    Replied: 8/27/2013
    A Fresh Start
    A Fresh Start | Dorothy G Bunce
    It would certainly help to know why the bankruptcy case was dismissed. In some instances, a dismissal simply means you need to start over again, while in other cases, you would be prevented from filing another bankruptcy for quite some time.
    Answer Applies to: Nevada
    Replied: 8/27/2013
    Danville Law Group | Scott Jordan
    Your remedy depends on why the case was dismissed. I would require additional information. Please feel free to call me to discuss your case in more detail.
    Answer Applies to: California
    Replied: 8/27/2013
    Portland Bankruptcy Law Group
    Portland Bankruptcy Law Group | Christopher J. Kane
    You should contact an experienced bankruptcy attorney and find out what you need to do to get a new case filed.
    Answer Applies to: Oregon
    Replied: 8/27/2013
    Fears Nachawati | Sean T. Flynn
    If your bankruptcy case was dismissed it means that you no longer have the protection of the automatic stay. You have the option to re-file and you should speak with an attorney about the possibility of refilling the case. A subsequent case will have a limited automatic stay and you will need to file a motion to extend the stay in your case. At the hearing you will need to demonstrate that the new filing was done in good faith and that you are able to fund the plan.
    Answer Applies to: Texas
    Replied: 8/26/2013
    Stuart P Gelberg
    Stuart P Gelberg | Stuart P Gelberg
    You may be able to file a new bankruptcy immediately depending the facts of the 1st bankruptcy. Get an attorney.
    Answer Applies to: New York
    Replied: 8/26/2013
    The Law Office of Darren Aronow, PC
    The Law Office of Darren Aronow, PC | Darren Aronow
    You should see a local attorney as it is difficult to advise without any facts.
    Answer Applies to: New York
    Replied: 8/26/2013
    William Bidwell, Attorney at Law | Bill Bidwell
    Depending upon the reason why the court dismissed the case, you may or may not be able to re-file.
    Answer Applies to: Michigan
    Replied: 8/26/2013
    Law Office of Lynnmarie A. Johnson
    Law Office of Lynnmarie A. Johnson | Lynnmarie Johnson
    Depending on the reason it was dismissed, you may be able to get it reinstated.
    Answer Applies to: Michigan
    Replied: 8/26/2013
    Law Office of J. Thomas Black, P.C.
    Law Office of J. Thomas Black, P.C. | J. Thomas Black
    Chapter 13 cases are often dismissed for non-payment, and it can be possible to re-file a chapter 13, and start a new case, at least if there has been a change in a debtor's circumstances since the dismissal of the first case. However, the automatic stay only lasts for 30 days in a second case filed within 12 months of the dismissal of a first case, unless the court extends the stay, on motion and hearing conducted within the 30 days. If a Chapter 7 or 11 case was dismissed, it could be for any number of reasons, and you would have to consult with experienced bankruptcy counsel to know the best course of action.
    Answer Applies to: Texas
    Replied: 8/26/2013
    SmithMarco, P.C.
    SmithMarco, P.C. | Larry P. Smith
    You are going to get hounded by collectors.
    Answer Applies to: Illinois
    Replied: 8/26/2013
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