Usually the case will be dismissed with a 180-day prohibition on refiling, but you need to check the order dismissing the case. It will answer the question for you. And even if there is a restriction on refiling, if you (or whomever the debtor is in this hypothetical) had an explainable reason for missing the 341(a) hearings, you could seek to have the court overturn the prohibition on re-filing.
Another thing to keep in mind is that if another case is filed within one year of the prior case dismissal, the automatic stay in the new case will only last for 30 days. In a Chapter 7 context, this probably isn't a big deal, but you need to have your attorney advise you on the possible ramifications and solutions.
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.
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