QUESTION
I voluntarily discharged my chapter 13 two months ago, can I refile now with same attorney?
Asked on May 02nd, 2012 on Bankruptcy - Wisconsin
More details to this question:
I voluntarily discharged my chapter 13 two months ago, can I refile now with same attorney?
16 ANSWERS
3 Awards
Yes.
Answered on May 30th, 2013 at 1:05 AM
Glen Edward Ashman
Yes.
Answered on May 30th, 2013 at 1:04 AM
Yes.
Answered on May 30th, 2013 at 1:03 AM
Business Bankruptcy Attorney serving Raleigh, NC
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J.M. Cook, P.A.
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It sounds like you meant "dismissed" instead of "discharged". Completely different thing. You need to ask your atty. If they knew you were going to re-file, they probably crafted the order to allow re-filing without a "cooling off" period. Otherwise, it is the norm for the Court to require you to wait before re-filing.
Answered on May 07th, 2012 at 4:10 PM
Bankruptcy Attorney serving Houston, TX
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Pamela L. Stewart, Attorney at Law
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There is no reason for you not to unless your attorney doesn't accept "repeat" filers. Also, you should have a change in circumstances as to why you are refiling within a few months of the dismissal of your case.
Answered on May 07th, 2012 at 3:20 PM
3 Awards
Yes, you may refile a chapter 13 with the same, or with a different attorney. However, you will need to have a motion to extend the automatic stay filed to preserve that protection in the new case since a prior case was dismissed within one year.
Answered on May 07th, 2012 at 1:56 PM
Bankruptcy Attorney serving Seattle, WA
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The Law Office of Marc S. Stern
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By discharged, I assume you mean dismissed. Discharge and dismissal are bankruptcy terms that have very different meanings. There is no problem with refilling as long as there is some change in circumstances. There are problems with serial filers that the BAPCPA tried to fix. There will be extra work and other issues but filing is not prohibited.
Answered on May 07th, 2012 at 1:56 PM
Yes, as long as you still qualify.
Answered on May 04th, 2012 at 4:51 PM
Bankruptcy Attorney serving Phoenix, AZ
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Law Office of D. L. Drain, P.A.
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I think you mean that you voluntarily dismissed, not discharged, your chapter 13 two months ago. There are some issues with filing more than one case within a 12 month period. Before using any attorney make sure to get references from their prior clients and check out the State Bar for any complaints. A chapter 13 is usually very complicated and you should make certain that the attorney is very experienced not just in bankruptcy, but in chapter 13 bankruptcies. Ask how many successful 13s the attorney has completed, not just filed. The fact that you had to dismiss a case makes me wonder whether or not you were positioned properly in order to file in the first place. This is a long winded way of my saying - yes. you can use the same attorney. Just make sure they have the ability to do a good job. Chapter 13s are very difficult for the client, they are also very challenging for the attorney.
Answered on May 04th, 2012 at 4:48 PM
Commercial Bankruptcy Attorney serving Davie, FL
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Law Office of Jeffrey Solomon
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You should ask your attorney. The court order stating when you can refile may differ depending on your district. You might need a court order in your dismissied case for permission to file a new case. You will also have to file a motion to reimpose the automatic stay in the new case to prevent creditor action.
Answered on May 04th, 2012 at 4:46 PM
Yes but you must wait 180 days after your bankruptcy dismissal before attempting to file for bankruptcy a second time.
Answered on May 04th, 2012 at 4:45 PM
Bankruptcy Attorney serving Kalamazoo, MI
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Debt Relief Law Center
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Yes you can. However, your attorney may have to file an Affidavit (and schedule a hearing if need be) to have the Chapter 13 Stay extended (which expires after 30 days after the second case is filed). Your attorney will have to show a "change of circumstances" why the 2nd case is different from the dismissed case and for that reason the Stay should be extended beyond the initial 30 days. Without the "stay" in effect, creditors can still take collection action against you even though you are in 13.
Answered on May 04th, 2012 at 4:44 PM
Immigration Attorney serving Arlington, TX
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Law Office of Pho Ethan Tran, PLLC
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If you voluntarily "withdrew" your bankruptcy petition, you may refile your petition with the same attorney. You should talk to your attorney about your case.
Answered on May 04th, 2012 at 4:43 PM
Chapter 7 Bankruptcy Attorney serving Milwaukee, WI
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Law Offices of Deborah A. Stencel
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You can re-file with the same attorney as long as you are not barred from re-filing by Sec. 109(g). You will also need to file an extra motion with the court to extend the automatic stay past the first 30 days which explains to the court why this case will succeed when the last one did not. Call your attorney to go over the particulars.
Answered on May 04th, 2012 at 4:37 PM
Bankruptcy Chapter 7 Attorney serving San Diego, CA
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Law Office of Asaph Abrams
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I assume "discharge" is confused with "dismissed." You can re-file, however note restrictions with regard to refiling (e.g. limitations on the automatic stay, which begs an additional timely motion). As far as retaining the SAME lawyer: well... do you like him/her? This answer (by San Diego bankruptcy attorney, Asaph Abrams) doesn't address all facts & implications of the question; it's general info, not legal advice to be relied upon. It creates no attorney-client relationship; it may be pertinent to CA and/or its Southern District Bankruptcy Court only, and it's independent of other answers. It may be time sensitive, as in past the "Use by" date: laws and case law change.
Answered on May 04th, 2012 at 4:37 PM
Consumer Bankruptcy Attorney serving Worcester, MA
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Law Offices of James Wingfield
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I think you mean you voluntarily *dismissed* your Chapter 13 case. Assuming that is the case, then you can file a new bankruptcy now with the same lawyer or a different lawyer. HOWEVER, you should note that the Automatic Stay will only be in effect for 30 days from the time of the new case. You might be able to extend the stay beyond the 30-day period, but it will be your burden to prove that there has been a material change in circumstances that will warrant an extension of the stay.
Answered on May 04th, 2012 at 4:37 PM