Can I file a bankruptcy and get automatic stay protection if my previous case was dismissed 35 days ago because trustee claims he never got my tax re?

It depends under what code section your case was dismissed.  If it was anything other than 11 U.S.C. 707(b), then if you file another case within one year from the date of dismissal of the prior case, you will only have the benefit of the automatic stay in the new case for 30 days, unless you get the bankruptcy judge--within that first 30 days--to extend it (which is not that easy to do). Make sure you hire a very experienced bankruptcy attorney to assist you with the next case. 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.