QUESTION

Can I refile for bankruptcy if both times my file has been dismissed?

Asked on Dec 14th, 2011 on Bankruptcy - Georgia
More details to this question:
I have filed twice and both times my case was been dismissed for not making payment on time. I need to re file. Can I refile? And my car has been repossessed will I be able to get it back?
Report Abuse

4 ANSWERS

Bankruptcy Chapter 7 Attorney serving San Diego, CA at Law Office of Asaph Abrams
Update Your Profile
Google me and "repeat filing" on relevant considerations. Dismissals are not arbitrary. Defects must be corrected; it's not a matter of just playing the odds. This answer (as well as our Web site) doesn't address all facts & implications of the question; it's general info, not legal advice to be relied upon; it creates no attorney-client relationship; it may be pertinent to CA only; it's independent of other answers. Hire legal counsel before acting or refraining from bankruptcy/legal action.
Answered on Jan 05th, 2012 at 1:03 AM

Report Abuse
Business Bankruptcy Attorney serving Raleigh, NC at J.M. Cook, P.A.
Update Your Profile
If you have had two previous Chapter 13's that were dismissed, you can refile. The problem is the automatic stay, the process that stays collection, will expire after 30 days unless you can get a court order extending the stay. With two previous bankruptcy, that can be difficult, depending on your local court. Bigger question would be why would you continue to file Chapter 13 when obviously that isn't working for you. Most people who think they are Chapter 13 candidates are actually better suited in Chapter 7. Whether you can get your car returned will depend on when you file, when the car was taken and whether you still have some redemptive rights at the time of filing.
Answered on Dec 16th, 2011 at 9:52 AM

Report Abuse
If your bankruptcy was dismissed prior to discharge you can ordinarily re-file. If you had a repossession you normally cannot recover the vehicle unless you pay for it in full or make arrangements acceptable to the lender.
Answered on Dec 15th, 2011 at 11:09 PM

Report Abuse
Glen Edward Ashman
You have learned the hard why why you never ever file bankruptcy without a lawyer. As a general rule with two dismissals, you may be wasting money on the 3rd try and you will not have an automatic stay. As for getting back a car after two filings, you should expect a battle from the lender if you try but only a good lawyer can tell you if you have a chance. You must get a lawyer to see if you even can file (as you may have been barred from filing) and if you can file, determine what steps must be done to try and get a new stay in place. This is far too complex to do pro se. You will have to pay the unpaid filing fees from the old cases in your new case.
Answered on Dec 15th, 2011 at 9:33 PM

Report Abuse

Ask a Lawyer

Consumers can use this platform to pose legal questions to real lawyers and receive free insights.

Participating legal professionals get the opportunity to speak directly with people who may need their services, as well as enhance their standing in the Lawyers.com community.

0 out of 150 characters