Can I refile another Chapter 13 Bankrutpcy if my case dismisses?
Yes, a new chapter 13 bankruptcy case can be filed if your previous case was dismissed. You will be required to attend an additional hearing, before the judge, to request protection of the automatic stay for the duration of your bankruptcy. You can not file more than 3 bankruptcy cases in a 12 month period.
The hearing requirements of 2nd and 3rd filed bankruptcy cases within 12 months are as follows:
* 2nd filed case - You are automatically provided 30 days automatic stay protection for you and your assets. A motion to extend stay hearing is required to acquire court consent for protection for the remainder of your bankruptcy.
* 3rd filed case - You do not have the protection of the automatic stay until a motion to invoke is filed and approved by the court. A motion to invoke hearing will be set as expedited hearing and matter will be heard at the next available court date before the judge.
Your creditors are notified of the hearing and may file objection to your new filed case being granted further protection of the automatic stay. This can generally be resolved by signing of agreed order with creditor to require you remain current or the automatic stay, for that creditor, will be terminated.
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