Can You File For Bankruptcy Again Once The Court Has Dismissed Your Case?

If your coffee table has a long pile of bills you cannot pay due to a lack of earnings, you may be considering filing for bankruptcy. Bankruptcy usually is not anyone’s first choice and is kept as a last resort. However, you may be able to benefit from bankruptcy more than you think. It allows you to start a new beginning with a better financial plan. 

You may get disheartened when you file for bankruptcy and the court dismisses your case. There could be many reasons, from filling out the forms incorrectly or not making timely payments. Whatever the reason may be, your chances of success can be heavily impacted with the help of an attorney. Consult with one from the Benenati Law Firm today. 

Can I file for bankruptcy if my previous case was dismissed? 

It is possible that your bankruptcy case was dismissed due to some fault on your part or that you did not check the eligibility criteria for the bankruptcy Chapter you were filing for. Such errors can be avoided when you have the help of a legal expert by your side. Many people believe that once the court dismisses your bankruptcy case, you cannot re-file, which is a myth. 

You can immediately file another case after you have resolved any problems that might have caused the dismissal in the first place. However, you must remember that the court must dismiss your first case before you can file another. Additionally, if you require protection from your creditors in your second case, you may have to file a motion or impose an automatic stay. 

Common reasons why the court dismisses bankruptcy cases 

There are several reasons why your bankruptcy cases may be dismissed. 

• Failure to attend the meeting of creditors. 

• Hiding or transferring property within one year of filing for bankruptcy in order to hide from creditors. 

• Not explaining missing assets.

• Lying under oath.

• Failing to keep records or destroying them to attempt fraud. 

How long do you have to wait before you can file again?

If the court dismisses your case, you may be able to file immediately. However, if it appears that you have dismissed your case in bad faith or are trying to fraud the legal system, you may have to wait for 180 days before re-filing. You cannot file immediately if the case was dismissed due to your failure to abide by the court’s orders. 

Hire an attorney to protect your rights.