My Bankruptcy Was Dismissed -- Can I File Again?

The short answer for most people is yes, you can file again. But the details matter. Depending on why your case was dismissed and how recently, you may face a waiting period, and your new case may have reduced automatic stay protection. This guide walks you through all the rules.

The 180-Day Filing Bar -- Section 109(g)

Section 109(g) of the Bankruptcy Code is the main statute that restricts refiling after a dismissal. It imposes a 180-day bar in two specific situations:

When the 180-Day Bar Does NOT Apply

The 180-day bar does not apply to most dismissals. If your case was dismissed for any of these common reasons, you can typically refile immediately:

• Failure to file schedules or statements on time (unless the court specifically found willful failure)
• Failure to make plan payments due to job loss or financial hardship
• Trustee motion to dismiss for plan feasibility issues
• Failure to pass the means test (you can refile under a different chapter)
• Missing the 341 meeting due to illness, emergency, or lack of notice
• Your attorney failed to file documents on your behalf

Read the dismissal order carefully. If the court made a specific finding of willful failure, consult an attorney about your options. If the order does not contain such a finding, the 180-day bar likely does not apply.

Reduced Stay Protection -- Section 362(c)(3)

Even if you can refile immediately, there is an important catch. Section 362(c)(3) provides that if you file a new case within one year of a prior dismissal, the automatic stay in your new case expires after only 30 days unless you file a motion asking the court to extend it.

This is a significant limitation. Here is what it means in practice:

The 30-Day Stay Extension Motion

If Section 362(c)(3) applies to your new case, you must file a motion to extend the automatic stay within the first 30 days. The court will grant the motion if you demonstrate that your new case was filed in good faith. Factors the court considers include:

• Whether the circumstances that led to the prior dismissal have changed
• Whether you have the ability to complete a plan this time
• Whether you are filing solely to delay creditors
• Whether your financial situation has genuinely changed since the last case

If you do not file this motion within 30 days, the automatic stay terminates automatically and cannot be reinstated. Your attorney should file this motion at the same time as the new petition or within the first few days of the case.

Section 362(c)(4) -- No Stay at All

If you have had two or more bankruptcy cases pending and dismissed within the past year, Section 362(c)(4) provides that your new filing does not trigger the automatic stay at all. You must affirmatively ask the court to impose it, and the burden is on you to show good faith.

This is rare but serious. If you are in this situation, you need an attorney to file the motion to impose the stay simultaneously with your petition.

Refiling in a Different Chapter

A dismissal does not lock you into the same chapter. If your Chapter 13 case was dismissed, you can refile under Chapter 7 (if you qualify under the means test) or Chapter 13. Similarly, a dismissed Chapter 7 can be refiled as Chapter 13.

The refiling restrictions under Sections 109(g) and 362(c)(3) apply regardless of which chapter you choose. However, the discharge eligibility rules under Sections 1328(f) and 727(a)(8) only apply to discharge, not filing. Since a dismissed case did not result in a discharge, those discharge bars are not triggered by the prior case.

For a comprehensive look at all the time bars across chapters, see the FileBankruptcyAgain.com guide and the 1328f.com eligibility screener.

Strategic Considerations for Refiling

Fix What Went Wrong

Before you refile, understand why your case was dismissed and fix the underlying problem. If you missed plan payments because the payment was too high, your new plan needs to be more realistic. If you failed to file documents, make sure everything is ready before you file. Filing again with the same problems will produce the same result.

Consider a Different Attorney

If your case was dismissed because your attorney missed deadlines, failed to file documents, or otherwise neglected your case, you should strongly consider hiring a different attorney. Check your attorney's track record using public PACER data before hiring anyone.

Timing Matters

If you can wait more than one year after your dismissal to refile, you avoid the reduced stay protection under Section 362(c)(3) entirely. Your new case will have full automatic stay protection from day one. Weigh this benefit against the urgency of your situation.

Get Your Documents Ready First

One of the most common reasons for dismissal is failure to file required documents. Before you refile, gather everything you will need:

• Last six months of pay stubs
• Last two years of tax returns
• List of all creditors with account numbers and balances
• Property valuations
• Credit counseling certificate (must be completed within 180 days before filing)
• Monthly budget showing income and expenses

Quick Reference: Can I Refile?