What can I do if my bankruptcy case was dismissed?

You need look at the dismissal order and find out why it was dismissed. You may be able to file a motion to se the order aside or to reinstate the bankruptcy.

It would certainly help to know why the bankruptcy case was dismissed. In some instances, a dismissal simply means you need to start over again, while in other cases, you would be prevented from filing another bankruptcy for quite some time.

What chapter did you file and why was it dismissed? Is this your first case filing or have you filed other bankruptcy cases before? Do you have immediate need of the automatic stay? Did the court put a bar against filing a new bankruptcy case? Answers to these questions can effect the alternatives are available to you and which of the available alternatives is the best to take. When a case is dismissed, you can either: (1) File a motion requesting an order to set aside the dismissal and to reopen your case; or (2) File a new bankruptcy case. Filing a new case is usually fastest as you can file a new case as soon as the old case is dismissed. In some circumstances, though, a court may order that the debtor is barred from filing a new case for a period of time, such as 6 months, in its order of dismissal. If there is a bar, you going to have to wait until that time expires unless you have grounds for a motion to set aside the dismissal or grounds for a motion to obtain a court permission to file a new case before bar period expires. If you do refile, the number of cases you've filed can affect your stay protection. For example, if the new case would be your second case in a year, the automatic stay will last for only 30 days unless your file a motion to extend the stay is filed and the motion is heard before the end of the 30 days. If you've filed more than 2 previous cases, you may not even have a stay (which may be reason you want to seek reopening the earlier case). Filing a motion to set aside the dismissal and reopen your case, is usually cheaper than filing a new case. If your case was dismissed because you failed to file your certification of completion of the post-filing education course, your court may have a fill-in-the-blank form that you must use to reopen your case and get more time to file the certificate. If your case was dismissed for other reasons, the court will require notice be given of your motion and a hearing be held for it to determine if you have grounds for the dismissal to be set aside. This takes time. If you need immediate stay protection, you will have to consider either a motion to shorten time for the hearing or filing a new case. Motion procedures can be complicated. I would advise you need to review the specific facts of your case with an experienced attorney admitted to practice in the bankruptcy court where your case was pending to determine what to do next.

Depending upon the reason why the court dismissed the case, you may or may not be able to re-file.

If your bankruptcy case was dismissed it means that you no longer have the protection of the automatic stay. You have the option to re-file and you should speak with an attorney about the possibility of refilling the case. A subsequent case will have a limited automatic stay and you will need to file a motion to extend the stay in your case. At the hearing you will need to demonstrate that the new filing was done in good faith and that you are able to fund the plan.