QUESTION

Am I able to refile a bankruptcy after a previous filing was revoked?

Asked on May 08th, 2014 on Bankruptcy - Utah
More details to this question:
over five years ago I filed bankruptcy in Utah. I thought it was all taken care of and done. this year, after a divorce, I was forced to sell my house. during this time my told me some of the profits would have to pay off some liens I have from the period I filed. She looked into it and found out my precious bankruptcy was revoked due to them not receiving my taxes the year after filing. Is there any reason I wouldn't be able to file again?
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1 ANSWER

Bankruptcy Attorney serving Burbank, CA
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When you say revoked, do you mean your case was dismissed?  I'm not clear on what you mean by revoked.  It's not a bankruptcy term. If your case was dismissed you would have been provided notice of any deficiencies and given an opportunity to cure them and oppose the Motion to Dismiss. In any event, assuming your case was dismissed and you did not receive a discharge of debts, there isn't anything preventing you from filing a new bankruptcy case under any chapter for which you are eligible. However, if your case was dismissed within the past 12 months, then the automatic stay--which prevents your creditors from taking any collection action against you during the bankruptcy case--will only be in effect for the first 30 days. Obviously you should be discussing this with a qualified bankruptcy attorney in your area. Mark Markus has been practicing exclusively bankruptcy law in California since 1991.  He is a Certified Specialist in Bankruptcy Law by the State Bar of California Board of Legal Specialization,  AV-Rated by martindale.com, and A+ rated by the Better Business Bureau.    
Answered on May 08th, 2014 at 9:58 PM

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