Debtor FAQ's

I filed for bankruptcy years ago. May I file again?

Yes. If your bankruptcy case is dismissed for any reason and you still can't pay your bills, you'll have to refile. In many cases you can refile unless the Bankruptcy Court specifically restricted the right to refile. While a successful bankruptcy filing effectively stops the collection activities of your creditors, refiling does not. Refilings are automatically treated as abusive and you’ll have to submit a request within 30 days to stop collections. But getting a stay isn’t easy. You must convince the court that your refiling was made in good faith and for a legitimate reason – say a document error. If not, the creditors are let loose and your possessions are again vulnerable.

“Chapter 20” filings -- refiling by consumers from Chapter 13 to Chapter 7 to hold onto secured property and then discharge debts -- now have a longer time period between filings, eight years from a Chapter 7 and two years between consecutive Chapter 13s.

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