Can you refile your bankruptcy if it has been dismissed?
The answer is yes, you can refile your bankruptcy if it has been dismissed.
However, changes to the Bankruptcy Code that were in Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 (BAPCPA) can limit the relief that you receive when you refile.
When you file a bankruptcy one of the types of relief is the “Stay”.
The stay stops (stays) all activity by a creditor to collect on a debt.
The creditor can’t write or call you, can’t sue you, and if they sued you before you filed the bankruptcy, they can’t proceed with the lawsuit.
If they have a judgment against you the stay stops collection of the judgment, and garnishment of your wages must stop.
So the stay is a very important feature of your bankruptcy.
If your bankruptcy is dismissed and you try to refile within one year, the stay is only good for 30 days. After that, unless a motion to extend the stay is filed and granted by the bankruptcy court, your creditors can resume collection activity.
If you have had a bankruptcy dismissed and you want to refile, you really need the services of an experienced bankruptcy attorney like the attorneys contributing to the Bankruptcy Law Network.
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