How to Refile Bankruptcy After Dismissal

Thomas Denaro • March 3, 2020

Filing for bankruptcy protection is a complicated and often overwhelming process. To then hear that your claim is dismissed is not only frustrating, it can induce anxiety knowing that the pressure of your debts has not been resolved and that it’s only a matter of time before the collectors start calling again.

The good news is that even if your bankruptcy case is dismissed you have the option to refile. Due to the numerous potential pitfalls of a bankruptcy filing and the responsibilities on you as the debtor, it is always recommended to seek support from an experienced bankruptcy lawyer, especially if you are refiling.

Why was my case dismissed?

With all the complex paperwork and other requirements to satisfy in bankruptcy cases, it’s no wonder that many are dismissed automatically. Often it’s failing to comply with certain procedures like completing an approved credit counseling course, or missing key meetings or document filings.

Additional reasons your bankruptcy case may be dismissed often relate to an act of, or even the perception by the trustee of an act of “bad faith.” Bad faith generally means willful actions that are intentionally meant to mislead, conceal from, or game the bankruptcy court in order to eliminate debt without accepting the consequences. Consider the following bad faith behaviors:

      • Lying under oath
      • Concealing assets or an inability to explain assets that are unexpectedly missing
      • Failing to keep adequately detailed records or knowingly disposing of documentation
      • Failing to report property you’ve transferred out of your ownership within the year leading up to your bankruptcy filing

When can I refile my bankruptcy case?

If your case was dismissed due to an administrative or procedural misstep, you are typically allowed to refile immediately once you’ve met the requirement or corrected the error. However, if your dismissal was due to bad faith, you must wait 180 days to refile. Either way, your attorney can guide you on the proper steps to take.

Contact an experienced Bronx bankruptcy attorney for help refiling after dismissal

With more than 30 years in practice supporting New Yorkers in bankruptcy filings, Thomas M. Denaro, Esq. is well qualified to help you ensure your case is accepted and your debt is discharged. Call (718) 863-6000 or contact our law firm online today to learn more about how we can help.

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