If the court dismisses your Chapter 7 or Chapter 13 bankruptcy case without prejudice, you can refile your case right away. If the court dismisses your bankruptcy case without prejudice, you can file another bankruptcy case—right away, even.
If your case is dismissed, you can refile your Chapter 13 case. Essentially, this means you are starting anew. You must prepare a new petition, schedules, and plan based on your current situation. A new filing fee will be due also.
How many times can you refile a Chapter 13 after dismissal?
The time between bankruptcies varies depending on the type of bankruptcy your originally filed. You can generally re-file for a Chapter 13 bankruptcy every 2 years and a Chapter 7 bankruptcy every 8 years.
How much does it cost to refile a Chapter 13?
For a Chapter 13 case, the fee is $310. The Bankruptcy Trustee may charge a fee of $15 to $20 when you file, as well. You may request to pay the filing fees in installments; most courts will allow it if you can show it would be a financial hardship to pay all at once.
Can a chapter 13 bankruptcy case be dismissed?
Chapter 13 comes with a right to dismiss. This means that at any point of your case you can get out of the case and out of the bankruptcy system altogether.
What happens when a bankruptcy case is dismissed without prejudice?
When the court dismisses a case without prejudice, you can file another bankruptcy matter right away instead of being required to wait. You can also discharge all qualifying debts in the next case.
When is a debtor ineligible for a chapter 13 discharge?
A debtor is ineligible for discharge under chapter 13 if he or she received a prior discharge in a chapter 7, 11, or 12 case filed four years before the current case or in a chapter 13 case filed two years before the current case.
Do you have to refile your chapter 13 case?
If you believe that your original Chapter 13 plan will succeed, it’s often best to avoid the need to refile your Chapter 13 case by making a motion to reinstate you case. You have to file the motion to reinstate before the trustee actually closes the case.
