How Do You Refile Chapter 13 Bankruptcy After Dismissal?
When people think of bankruptcy, they may not realize there are different types of bankruptcy that can be claimed by an individual. There are in fact four different kinds of individual claims that can be made. Each has its own rules and how it works for the person claiming it. These are Chapter 7, 13, 11, and 12.
The decision to file Chapter 13 bankruptcy is a choice that requires a great deal of thought and planning. Therefore, finding out that the Chapter 13 case you filed has been dismissed can seem disastrous. If the court notifies you to tell you that your bankruptcy case has been dismissed, remember to stay calm and act quickly before your creditors learn that your automatic stay preventing collection activities is not being enforced. Find out the exact reason for the dismissal and whether or not the court has issued orders preventing future refiling. Have your bankruptcy attorney contact the trustee managing your case to get the exact reason a motion for dismissal was filed. Common reasons for dismissal are failure to appear in court or obey court orders, failure to make payments to the trustee, or failure to make mortgage or car payments. If your case was dismissed because of failure to obey court orders you may be barred from refiling for up to 180 days. Ask your bankruptcy attorney to
