What rights will I loose when re-filing? 13 Answers as of July 10, 2013

I made a mistake on my first attempt to file a Chapter 7 bankruptcy and was denied discharge. I was filed with the help of my daughter who is a paralegal and thought we don't need any attorney. After the mistake, it is clear I need an attorney and I am now in the process of finding one. Before I do I wanted to know what rights I loose while re-filing to?

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Mercado & Hartung, PLLC
Mercado & Hartung, PLLC | Christopher J. Mercado
You can refile as long as the first Ch 7 wasn't discharged.
Answer Applies to: Washington
Replied: 6/30/2011
Burnham & Associates
Burnham & Associates | Stephanie K. Burnham
Depending on why you were denied discharge will decide what, if any, rights you may lose on refiling. It may be as simple as having to wait a small bit of time or it may be more complicated. Please speak with an attorney to assist you.
Answer Applies to: New Hampshire
Replied: 6/28/2011
Law Office of Asaph Abrams
Law Office of Asaph Abrams | Asaph Abrams
It depends on the nature of the mistake, e.g., whether there was an actual denial of discharge (if discharge is denied for cause, e.g. fraud, you don't get a free pass the second time around), dismissal due to inadvertent error/trivial issue, or a material error.
Answer Applies to: California
Replied: 6/27/2011
Jackson White, PC
Jackson White, PC | Spencer Hale
It depends on why your case was dismissed.
Answer Applies to: Arizona
Replied: 7/10/2013
Janet A. Lawson Bankruptcy Attorney
Janet A. Lawson Bankruptcy Attorney | Janet Lawson
Well it depends on why you were denied a discharge. Or was the case simply dismissed? If it was just dismissed, you can refile but will need to file a motion to have the "automatic stay" last longer than 30 days. If it was in fact "denied" you need to consult with a lawyer to address why it was denied.
Answer Applies to: California
Replied: 7/10/2013
    Breckenridge and Walton
    Breckenridge and Walton | Alan D. Walton
    Your attorney may have to file a motion for extension of the automatic stay, as a second filing limits that to 30 days without a motion. Besides that, there are no other rights affected.
    Answer Applies to: Michigan
    Replied: 6/27/2011
    Law Office of Maureen O' Malley
    Law Office of Maureen O' Malley | Maureen O'Malley
    Well, the first thing you do is retain counsel this time. When you re-file, as long as you wait long enough, the Stay that protects you from creditors' actions is shortened.
    Answer Applies to: Virginia
    Replied: 6/27/2011
    The Law Office of Mark J. Markus
    The Law Office of Mark J. Markus | Mark Markus
    When you say you were denied a discharge, do you mean you dismissed your case, or that you were actually denied a discharge pursuant to a complaint filed against you under 11 USC 727? If you were actually denied a discharge, then you cannot get a discharge of those debts (from your prior bankruptcy) in a subsequent case. If instead your case was merely dismissed, then the only thing you "lose" would be that if your case is re-filed within 1 year of the prior case, the automatic stay (which prevents your creditors from taking collection actions against you) will terminate 30 days after your case is filed unless you file a motion AND obtain a court order within that 30 days extending it.
    Answer Applies to: California
    Replied: 6/27/2011
    Colorado Legal Solutions
    Colorado Legal Solutions | Stephen Harkess
    In most cases, you do not lose any rights when you refile. It may be necessary to file a motion to extend the bankruptcy stay, but your attorney can take care of that.
    Answer Applies to: Colorado
    Replied: 6/27/2011
    Bird & VanDyke, Inc.
    Bird & VanDyke, Inc. | David VanDyke
    As long as your dismissal was not for cause you can refile anytime since you did not receive a discharge. If your case was dismissed for cause then you will need to wait 6 months before re filing. Generally you can lose a portion of the auto stay when re filing. However there are ways to preserve it the 2nd time.
    Answer Applies to: California
    Replied: 6/27/2011
    Bankruptcy Law office of Bill Rubendall
    Bankruptcy Law office of Bill Rubendall | William M. Rubendall
    The issue of re-filing a chapter 7 is complicated. It depends whether the dismissal of the first case was "with prejudice" or "without prejudice." With prejudice means you cannot refile for 8 years. Consult with a bankruptcy attorney.
    Answer Applies to: California
    Replied: 6/27/2011
    Ashman Law Office
    Ashman Law Office | Glen Edward Ashman
    You will generally not have the automatic stay (that is what stops creditors from suing you or collecting). That in SOME cases can be reinstated. However, the denial of a discharge is a serious indication that you did something very bad. It can involve a finding of fraud, etc and may prevent a future discharge.
    Answer Applies to: Georgia
    Replied: 6/27/2011
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