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If your chapter 13 case is dismissed can you start again?
This site does not provide legal advice and users of this site should not interpret any of the information presented here as legal advice. The information provided merely conveys general information related to commonly asked legal questions. We are not a law firm and the employees responding to questions are not acting as your legal attorney. You should ultimately consult with a Lawyer for your case.
The answer is "it depends." Finding that your chapter 13 case gets dismissed can be a result from not taking certain actions. If a payment was missed, it can cause a dismissal. Alternatively some paperwork may not have been filed with the same result. However, having a case dismissed doesn't mean that a petitioner can't start over.
Dismissed Without Prejudice and With Prejudice.
Being dismissed without prejudice means that the case can be refiled. This means there was a simple procedural error that caused the action to be taken. Some can be reopened, others will have to start over. A dismissal with prejudice is an indicator that there was fraud or abuse being perpetrated by the petitioner. In this situation, there can be no more bankruptcy filings for that petitioner in that particular court district.
Be aware that the automatic stay may be lifted even with a successful reopening or refiling. A motion to extend the stay needs to be entered, with the hope that the judge will grant it. Otherwise the automatic stay may not remain in full effect.
Hire an Experienced Bankruptcy Lawyer
Getting a dismissal without prejudice means that something went wrong, a common occurrence for those filing without a lawyer. The path to optimal results is to have a consultation with a lawyer and hire one that you're comfortable with. This ensures that the next attempt at keeping a chapter 13 in play will be successful.
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