Yes, you can re-file your bankruptcy case once you find the necessary documents, records, and information.

Answer Applies to: Illinois
Replied: 2/4/2012

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You can re-file but you may not receive all of the benefits your previous bankruptcy afforded you such as the relief of stay.

Answer Applies to: Minnesota
Replied: 2/3/2012

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One can always file a bankruptcy case at any time, as long as the court has not restricted you as a serial filer. The only question is under what chapter of the code and whether or not you'll be able to receive a discharge of all your debts. There are also some additional restrictions, including whether your creditors will be able to continue collection efforts after you file. All that said, this is an area that should be approached with the assistance of a qualified bankruptcy attorney.

Answer Applies to: Ohio
Replied: 2/3/2012

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You can re-file in 180 days.

Answer Applies to: New York
Replied: 2/3/2012

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You are in way over your head. No one should ever try a case pro se, but to file a pro se bankruptcy when there is a business is virtually impossible. The fact that you do not even know that trustees do not dismiss cases, and how to subpoena records from your ex-wife shows how grossly unprepared you are. If your case does get dismissed (by the judge), that order MAY bar a refiling for 180 days depending on what you did, and it also means you won't have a stay protecting you from creditors in your new case unless you know how to move for one. In other words, you already need a lawyer and you needed him yesterday.

Answer Applies to: Georgia
Replied: 2/2/2012

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You sure can re-file. However, I would highly advise you to hire an attorney to do it the 2nd time. You may need to file a motion to extend the automatic stay.

Answer Applies to: Virginia
Replied: 2/2/2012

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Normally you can re-file unless the dismissal order prevents you from filing for a specific period.

Answer Applies to: North Carolina
Replied: 2/2/2012

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Yes. It is possible if the case is not dismissed with prejudice. A case ca be dismissed with prejudice if the Court dismissed it for a failure of the debtor to properly prosecute the case. A failure to schedule a creditor, or a failure to provide required information, might be a ground for dismissal with prejudice. Make sure the case is not dismissed with prejudice, which would prevent you from refilling for at least an additional 180 days.

Answer Applies to: Texas
Replied: 2/2/2012

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Yes, you can refile but you will need a motion to keep the automatic stay in place. Better see a lawyer. *

Answer Applies to: California
Replied: 2/2/2012

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Please do not fool around with a Chapter 13 Trustee. This is no time for anything except your most vigorous effort to comply with the trustee's request. If your case is dismissed for a failure to comply, any new case is coming right back to the same trustee and the same judge. This trustee can hurt you. a lot. You may find that the judge actually puts a lock out time in your dismissal order. You could be locked out for 1 or 2 years if the judge thinks you are not making a decent effort to comply. Next point. Lay a subpoena on your ex-wife. Now. Ask the trustee to point you in the right direction. Better still, get an attorney to handle this for you. Do NOT let your ex-wife's whims decide your fate. Tell your ex to either produce the records or show up in court to explain her reasons for not producing them. No excuses.

Answer Applies to: Ohio
Replied: 2/2/2012

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You may be able to re-file but you need to find out the terms on which your case was dismissed. If it was a regular dismissal, you should be able to re-file quickly. In your re-file, you will probably need to file a motion to extend the automatic stay since you will have a second case within a year. If you don't already have an attorney, I suggest talking to one before re-filing your case.

Answer Applies to: Georgia
Replied: 2/2/2012

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Yes, you can re file 180 days after the date of dismissal. You can shorten the prejudice period if you'd like by motion. Alternatively, you can ask for your case to be reinstated by motion, that way you don't have to pay the filing fee again.

Answer Applies to: Florida
Replied: 2/2/2012

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The simplest answer is in most cases you can refile but you may have problems with the automatic stay. I would definitely consider hiring or speaking with an experienced, local bankruptcy attorney in your area and hire him/her to take care of your case correctly.

Answer Applies to: New York
Replied: 2/2/2012

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Yes, unless the case was dismissed with prejudice and there is a waiting period.

Answer Applies to: Florida
Replied: 2/2/2012

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You are likely to be able to re-file. Please note that some dismissals come with a court order that prevents you from re-filing for 180 days. You will need to consult with an attorney before proceeding.

Answer Applies to: Wisconsin
Replied: 2/2/2012

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Generally you cannot re-file and get an automatic stay for more than 30 days if the trustee dismisses for good cause within the last year. If you need extra time, your attorney can ask for extra time, generally the trustee will adjourn for a two weeks to a month before dismissing it. If you don't have an attorney, now would be a good time to get one.

Answer Applies to: Michigan
Replied: 2/2/2012

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Yes, if your case has been dismissed you can file your bankruptcy as long as there is no bar from filing.

Answer Applies to: California
Replied: 2/2/2012

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It's in your best interest to get the records and discharge the business-related debts that you personally guaranteed. If you can't do that before the trustee dismisses your case, then yes, you can refile for bankruptcy.

Answer Applies to: Colorado
Replied: 2/2/2012

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.