November 12

What happens if my Chapter 13 Bankruptcy is dismissed?

What happens after a Chapter 13 is dismissed?

When a bankruptcy case is dismissed before discharge, the parties are returned as best as possible to the position they were in before the case was filed. Upon dismissal, the protection of the bankruptcy court is lifted and creditors can resume collection actions.

Can you file another Chapter 13 after dismissal?

Yes, as long as there is not a prohibition in the Order dismissing your last case, your last case was not dismissed within the last 180 days for violation of a court order, or you did not request the dismissal after a creditor asked for relief from the automatic stay.

Depending on the number of cases you have had dismissed in the year before re-filing, you might have to take extra steps to get the automatic stay extended past 30 days or even to have it put back in place.

How soon can I file a Chapter 13 after dismissal?

As long as one of the prohibitions against filing does not apply (discussed above), you are free to file whenever you like.

Can I file a Chapter 7 after my Chapter 13 is dismissed?

Yes, as long as you meet the qualification for a Chapter 7 and are not subject to any of the restrictions mentioned above.

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