Options After A Bankruptcy Dismissal

: Chris Lee Law Firm

  Filed under: Bankruptcy

bankruptcy dismissalSuccessfully completing the bankruptcy process is not inherently difficult. However, there are  many requirements and several steps that must be completed correctly in order to obtain a debt discharge. It isn’t uncommon for people to end up having their case dismissed simply because they missed a single step in the process. This is more common with those who pursue the process without the representation of a bankruptcy attorney. In any case, there are options to move forward with the bankruptcy if a case is dismissed.


Going Forward

There are two ways to continue to pursue debt relief through bankruptcy after a dismissal. First, a motion to reinstate the case may be filed with the court. This can be easily handled with the help of a bankruptcy attorney, who can file the paperwork and plead the case on the filers behalf.  Typically, reinstatements are only granted for failure to pay the necessary court fees or for missing paperwork.

Cases that are dismissed for failure to meet with creditors or failure to complete the required credit counseling course may only be continued by re-filing the case. Re-filing a bankruptcy case is not as easy as a reinstatement and may the filer to wait at least 180 days after the dismissal before they can re-file. The court will require the filer to wait 180 days if their case was dismissed due to (1) failure to obey court appearance orders or (2) the case was dismissed voluntarily, by the request of the filer.




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