A question many people wonder is if they can re-file their bankruptcy if their case gets dismissed without a discharge. The answer to that would be yes a bankruptcy can be refilled if it has been dismissed. Many people these days are pretty Internet savvy and search the web to find ways to file bankruptcy on their own or with assistance from a bankruptcy service website. This is all perfectly legal to file pro se, or on your own, but it is really not advisable to do so without the help of an experienced bankruptcy attorney.
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Back in 2005 changes were made to the bankruptcy code which made the process more complicated. Part of this was the Bankruptcy Abuse Prevention and Consumer Protection Act, or BAPCPA, which was designed to prevent serial bankruptcy filers. It also added a means test to make people have to qualify to file bankruptcy to prevent those individuals that tried to file bankruptcy to wipe out their credit card debt when they indeed did have the ability to pay it back. A pre bankruptcy credit counseling course as well as a post bankruptcy financial management course was added as a mandatory part of the bankruptcy filing process that all debtors were to complete to receive their discharge. BAPCPA also included a stipulation that limits the relief of stay the debtor typically receives when the bankruptcy is filed if the bankruptcy case gets dismissed. Once an individual files for bankruptcy the automatic stay goes into effect. The automatic stay stops all collection activity from the creditors. The stay stops all contact including letters and harassing phone calls. It stops wage garnishments, judgments, foreclosure, and lawsuits. Even if a creditor has a lawsuit against an individual before they have filed for bankruptcy, the automatic stay will stop the creditor from proceeding with the lawsuit. The automatic stay is a very powerful tool when filing bankruptcy.
Individuals that attempt to file bankruptcy on their own risk the chance of stepping on one of the many landmines that come with the convoluted bankruptcy code since the 2005 changes. If there are any slight discrepancies in the bankruptcy petition the bankruptcy trustee can dismiss the case without a discharge leaving the debtor out in the cold. The debtor has the option to try to refile the bankruptcy case after making the appropriate corrections to the petition. The debtor would need to do some research into the local bankruptcy code on how to make the corrections and then pay the filing fee again to re-file. If the debtor tries to re-file within one year after their case was dismissed the automatic stay will only be good for 30 days. After that the creditors will be back in full force in a relentless effort to collect on the debt. This is why it is so important to not take any chances with your financial future. Hiring a bankruptcy attorney in the beginning can save a lot of stress instead of hiring one after your case was dismissed and you are now scrambling to re-file.
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