When a bankruptcy case is dismissed without prejudice, the debtor can refile it right away. Fortunately, when a bankruptcy case is dismissed, it is most likely to be dismissed with prejudice.
What Does “Without Prejudice” Mean?
Dismissing a case without prejudice means that whatever occurred in the previous hearings will not be used against you, and that you can refile the case such that it could be heard again. But at the same time, when a case is dismissed, there were some errors. Thus, most people will use this opportunity to correct any errors that they have made at the original bankruptcy case.
What Was My Case Dismissed without Prejudice?
Your case will most likely to be dismissed without prejudice if debtor:
- Failed to file a form with the court
- Failed to pay court fees
- Failed to provide all necessary paperwork
- Failed to attend a hearing
- Failed to follow any of the procedures
Refiling May Limit Your Automatic Stay
When you file for bankruptcy, you will get an automatic stay to prevent your creditors from collecting their loans or garnishing your money. However, when you file for a second bankruptcy within a period of time, then that automatic stay is limited to 30 days. After the 30 days, the creditors may begin to collect again unless you petition to the court to continue the automatic stay.
The purpose of this limited automatic stay is to prevent bad faith bankruptcy filings.
Do I Need a Lawyer?
Correctly filing a bankruptcy case is very important and complex. Hence, it is imperative to use an experienced bankruptcy lawyer to help you file. Otherwise, your bankruptcy case will be dismissed and/or delayed.