Can I Refile My Bankruptcy If It Is Dismissed?

by Kevin Gipson, New Orleans Bankruptcy Attorney

August 28, 2009

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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I've been a consumer bankruptcy lawyer for nearly 25 years. Since that time I have helped many people resolve their financial problems. I have been practicing law since 1986 and I am licensed to practice in all state and federal courts in the State of Louisiana. Because I am a sole practitioner, you know that your debt matters are being handled by me personally. In addition to my work with consumers, I am also frequently asked to speak at local seminars on bankruptcy law. I am member of the following organizations: • Louisiana Bar Association • National Association of Consumer Bankruptcy Attorneys • Bankruptcy Law Network My office is located at: 3920 General DeGaulle Drive, New Orleans, LA 70114 Telephone: (504) 368-4101

Last modified: February 24, 2013