Maryland  |  Bankruptcy

Legal Question

Asked on: 9/26/07, 10:32 am

Chp. 7 Dismissal

How long do I have to wait before filing chp 7 again after a dismissal?

3 Answers


Answered on: 9/26/07, 10:43 am by Daniel Press

Re: Chp. 7 Dismissal

Unless the dismissal order stated that section 109(g) applies; was by the motion of the debtor after a motion for relief from stay had been filed; or the order specifically stated a bar to refiling, there is no minimum time. However, the automatic stay will only be effective as to the debtor for 30 days unless extended by the court if the case is refiled within one year of the dismissal. If there were 2 dismissals within the year, the stay does not come into effect at all absent a specific order imposing a stay.


Did you find this answer helpful?

0 Users found this answer helpful.

0 Attorneys agree with this answer.


Chung & Press, P.C. 6718 Whittier Ave., Suite 200 Mclean, VA 22101

Other answers from this attorney

Answered on: 9/26/07, 10:43 am by Daniel Press

Re: Chp. 7 Dismissal

Unless the dismissal order stated that section 109(g) applies; was by the motion of the debtor after a motion for relief from stay had been filed; or the order specifically stated a bar to refiling, there is no minimum time. However, the automatic stay will only be effective as to the debtor for 30 days unless extended by the court if the case is refiled within one year of the dismissal. If there were 2 dismissals within the year, the stay does not come into effect at all absent a specific order imposing a stay.


Did you find this answer helpful?

0 Users found this answer helpful.

0 Attorneys agree with this answer.


Chung & Press, P.C. 6718 Whittier Ave., Suite 200 Mclean, VA 22101

Other answers from this attorney

Answered on: 9/26/07, 12:28 pm by Eugene Policastri

Re: Chp. 7 Dismissal

It depends - the general rule is 180 days after a dismissal for failing to abide by court orders or after a creditor filed for relief from the automatic stay; however, a bankruptcy judge has the discretion to invoke penalties against so-called serial filers.


Did you find this answer helpful?

0 Users found this answer helpful.

0 Attorneys agree with this answer.


Bromberg, Rosenthal, LLP 401 N.Washington St., Suite 500 Rockville, MD 20850

Other answers from this attorney

Didn't find what you were looking for? Ask an Attorney!

Get answers from the top Attorneys
Ask Question

133 Answers given in the last few hours.

8661 Active attorneys ready to answer your question

Search Past Answers:
  Advanced Search