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What Happens If the Court Dismisses Your Bankruptcy?

There are several ways a bankruptcy case that was filed in court can be dismissed. The court may choose to dismiss a bankruptcy case if requested documents are not filed or if the filer does not qualify for a bankruptcy. A dismissal is not the end of your chances of getting a bankruptcy completed through to the discharge of your debt and a closed bankruptcy case. You may have the opportunity to refile your case when you need to complete a bankruptcy to get your debts discharged. If you have tried a bankruptcy on your own without representation or with an attorney representing you and resulted in a dismissed bankruptcy case, you have the ability to refile the case if you have not been barred from filing again.

When a bankruptcy case is dismissed, you have a right to refile it and try again as long as the court system did not bar you from filing again. Missing deadlines, not understanding the process, not completing credit counseling are all ways that a bankruptcy file could possibly be dismissed by the bankruptcy court. The bankruptcy trustee may provide you information on what you need to complete the process next time. When you refile the next time, you can use what you have learned from the previous filing to correct mistakes. One important problem is that you may need to repay the court filing fee again. The court filing fee for Chapter 7 is $306 and the court filing fee for a Chapter 13 is $281. If your file is dismissed and you need to refile, but you do not qualify for the fee waiver, you will have to pay the filing fee again. If you qualify for the fee waiver and are filing yourself, you may qualify for the fee waiver, but make sure to include the application again when you refile. If you use a law firm or attorney to help you with a bankruptcy filing, you will not be eligible for a fee waiver.

If for any reason, the bankruptcy court finds that you are abusing the system in any way, the court may bar you from filing again in the future. A bar from filing can occur when the court system sees that you have filed and dismissed bankruptcies more than once. They may be suspicious that you are using bankruptcy for reasons other than completing the bankruptcy to discharge and closing of the case. If bankruptcy protection is being used for any other reasons besides discharging debt, the bankruptcy court may place a bar on you from filing. Usually, a bar from filing would last for a temporary amount of time depending on what the bankruptcy court decides to allow you.

If you filed and had a bankruptcy dismissed, you can find a law firm to refile your bankruptcy without waiting to get refiled. If you have not been barred from filing a bankruptcy, a law firm should be able to help you get refiled and correct any mistakes that may have caused dismissal in the previous filing.




Bankruptcy Law Professionals is a Southern California based bankruptcy law firm with offices in Orange County and the Inland Empire.  Our Santa Ana and Riverside bankruptcy attorneys can help you get your case filed as soon as possible.  We are available for free consultations at both our Santa Ana and Riverside offices.  Contact us at 855 257-7671 to schedule an appointment.

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