Legal Question in Bankruptcy in Maryland

Chp. 7 Dismissal

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

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

3 Answers from Attorneys

Daniel Press Chung & Press, P.C.
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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.

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9/26/07, 10:43 am
Daniel Press Chung & Press, P.C.
0 users found helpful
0 attorneys agreed

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.

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9/26/07, 10:43 am
Eugene Policastri Bromberg, Rosenthal, LLP
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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.

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9/26/07, 12:28 pm

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