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Bankruptcy case dismissed, can I refile

1 Answers. Asked on Jul 11th, 2013 on Bankruptcy - Texas
More details to this question:
I used an online service to draw up my paperwork. One of the docs was kicked out and I was told by the individual that prepared that the case was dismissed. Apparently it was not and I am going to miss my meeting. Also, I was in Texas temporarily and was told that I could file there because I had a TX id, but have actually have lived in MN for 6 years. It was an emergency chapter 13.
Answers Showing 1 out of 1
Answered on Jul 11th, 2013 at 8:34 PM

Once your case is dismissed, you can refile unless the Order dismissing your case contains a prohibition on refiling for 180 days.

In the new case you will only have the benefit of the automatic stay, which prevents your creditors from taking collection actions against you, for 30 days unless you file a motion and have the court grant an extension WITHIN that 30 days of that 30 day period.  

You've already discovered one of the many reasons why you need an experienced attorney to represent you.  This is yet another.  Click here for my article on the importance of having a bankruptcy attorney.

As far as WHERE your case can be filed, it can be filed in the district where you have resided OR had your principal assets located for the greater part of the 180 days prior to the filing of the case.  Usually this is 91 days unless you have moved a lot.

Mark Markus has been practicing exclusively bankruptcy law in California since 1991.  He is a Certified Specialist in Bankruptcy Law by the State Bar of California Board of Legal Specialization,  AV-Rated by martindale.com, and A+ rated by the Better Business Bureau. 

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