Can You Refile If Your Bankruptcy Case Was Dismissed? 

If you are filing for bankruptcy, you are likely experiencing serious financial difficulties. Thus, it is understandable that learning your bankruptcy case has been rejected might be devastating. But still, based on the reasons for the rejection, you may be entitled to refile your case immediately. Speak with a Kingston, New York bankruptcy lawyer about why a bankruptcy case may be dismissed and your options for refiling. 

What does dismissing a bankruptcy case without prejudice mean? 

Regarding bankruptcy cases, it is important to remember that not all dismissals are equal. Depending on your circumstances, a judge may choose to dismiss your case with or without prejudice. How your case is dismissed will decide whether you can file again immediately or wait some time to seek relief. 

When the judge believes the filer has committed fraud, the case is usually dismissed with prejudice. The person in question may have lied about their case, concealed assets from the court, attempted to deceive creditors, or filed many bankruptcy cases in a short period. Anyone whose claims are dismissed with prejudice might not be able to eliminate debts from previous cases if they file again in the future. 

Judges, on the contrary, may choose to dismiss cases without prejudice. A rejection without prejudice, which the filer prefers, implies a lack of fraud or deceitfulness. You can file another bankruptcy claim immediately if the court rules in your favor. 

What are the criteria for dismissing a bankruptcy without prejudice? 

A court may choose to dismiss your case without prejudice for various reasons. Cases are generally dismissed without prejudice when the filers commit one or more unintentional procedural or administrative faults. Some of the conditions that may lead to this result in your bankruptcy case are as follows: 

  • Failing to file an essential form
  • Failing to attend confirmation hearings or appear in court 
  • Failing to submit required documents, such as tax returns
  • Failing to attend a required credit counseling class
  • Not meeting the qualifications for the type of bankruptcy you are filing for 
  • Neglecting to pay court filing fees
  • Failing to make plan payments
  • Failing to meet other requirements or deadlines 

If your case has been dismissed for one of the reasons listed above, you will most likely be able to fix the error and refile it with the court. 

Nobody wants to declare bankruptcy. But, in these difficult times, many people require help. If you need financial assistance and bankruptcy is your only choice, an experienced attorney can help you recover and get back on your feet quickly. So, make an appointment today.