More details to this question:
I filed for chapter 13 bankruptcy in June of 2013. A week later I suffered a serious medical condition that required a long hospital stay and as a result, did not complete all the bankruptcy forms and as a result, the case was dismissed in August of 2012. Can I re file in January of 2014. The notice of dismissal does not indicate that I am unable to re file.
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Bankruptcy Attorney serving Burbank, CA
Partner at
Law Office of Mark J. Markus
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Yes, you can re-file as long as the order dismissing your case does not prohibit it.
However, the automatic stay (which prevents creditors from commencing or continuing any collections efforts) will only be in effect for the first 30 days of your case unless you get the court to extend that.
Depending on what types of creditors you have, it is critical that you file the motion to extend the stay AND have the court rule on it within that first 30 days.
Make sure you hire a competent bankruptcy attorney.
Answered on Jan 05th, 2014 at 10:52 PM