≡ Menu
Home > Chapter 7 Bankruptcy > Can I Refile Chapter 7 Immediately After A Dismissal, Or Is There A Waiting Period?

Can I Refile Chapter 7 Immediately After A Dismissal, Or Is There A Waiting Period?

There is no waiting period, so if you’ve been unable to meet the court’s timetable for documentation or meetings with creditors, you are able to restart the process, with some caveats.

First, you should know that you’ll have two bankruptcies on your credit history if you re-file.

If the dual filings are close together, it may not make a big difference to you in the long term, but if you’ve gotten well into the process and have been making payments and a good deal of time has passed, you may want to give this some real consideration.

A second issue to consider is that the automatic stay in the new filing will only be in effect in for 30 days, so you’ll have less protection from creditors in a second filing.

You may want to think about asking the court to vacate the dismissal and keep your original case intact. We can help you do that, and to understand all of your options in your current situation.

Call Zelenitz, Shapiro & D’Agostino today at 718-599-1111 for a free consultation.