How Soon Can I Refile For Chapter 7 after Dismissal?

: Chris Lee Law Firm

  Filed under: Chapter 7

When filing for Chapter 7 bankruptcy relief, the court assigns a bankruptcy trustee who gives the debtor a number of instructions that they must follow in order to obtain the ultimate goal of a Chapter 7 bankruptcy: discharge of unsecured, non-priority debt. If you failed to adhere to any of the court’s orders then your case may be dismissed without discharging any of your debts. Alternatively, you may voluntarily dismiss your own Chapter 7 case.

If the Court Dismissed your Bankruptcy

The bankruptcy codes states that if a case is dismissed by the court for “willful failure of the debtor to abide by orders of the court, or to appear before the court in proper prosecution of the case or “the debtor requested and obtained a voluntary dismissal” then you’ll have to wait 180 days before you can refile for Chapter 7 Bankruptcy again.

If you already received a Chapter 7 Discharge

On the other hand, if you obtained a discharge of debt in Chapter 7 bankruptcy case, then the court will systematically deny a Chapter 7 discharge filed within with years of the previous bankruptcy filing. In the event you already filed for Chapter 13 bankruptcy and received a discharge, you must wait for six years from the time the previous bankruptcy case was filed.

The main thing to keep in mind is that generally, assuming the above mentioned circumstanced don’t apply to you, bankruptcy law doesn’t set a minimum waiting period based on filing, but on debt discharge. There may be some instances where it makes sense to file for a bankruptcy a second time, even if you won’t receive a discharge the second time around. Talk to your Dallas bankruptcy attorney if you feel that you may need to file a second bankruptcy. An experienced bankruptcy lawyer will be able to advise you on how long you must wait before a discharge or if refiling for a bankruptcy is in your best interest.

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