The short answer is yes. However, you may want to visit with your attorney to determine if you should file a new case. The factors to be considered are:What caused your prior case to be dismissed?If it was dismissed because you didn’t have enough money to make your payments, has that changed?Does your attorney believe that the court will extend the automatic stay past the first 30 days?What’s that? When you file a case less than one year after a previous case was dismissed, the Bankruptcy Code limits the automatic stay to 30 days unless the court issues an order extending the automatic stay for the rest of your case.What is the process? It depends on your court, and your attorney will likely know how this is accomplished in your court. In every case, a motion must be filed requesting that the automatic stay be extended. Some courts will grant the motion without a hearing if there are no objections. Some courts require a hearing in which you would have to testify to explain why the new case will work, and the reasons you need another case, other than simply delaying your creditors’ ability to foreclose on or repossess collateral.So, in summary, if you believe you can be successful in another case, talk to your attorney immediately about filing and how to get the automatic stay extended past the first 30 days.For more information about your dismissed Chapter 13 case, see Bankruptcy Basics: What Does It Mean If My Case Is Dismissed? by Karen Oakes, Attorney at Law.
Last modified: April 12, 2008