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If Dismissed, can someone refile?

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kramer665

Junior Member
What is the name of your state?FL

If someone filed for Bankruptcy (Chapter 7) and the file was dismissed or denied by the Trustee for some technical reason -can they refile again at a later date?
or once you file and your case is denied you can't re-file?
 


Ladynred

Senior Member
Yes, you can file again, but you usually have to wait 6 months. In some rare cases, a BK judge will rule that a person can NEVER file again, but you'd know if any such thing had happened.
 

GaAtty

Member
GaAtty

I do not agree that there is a 6 month waiting time. We have cases that are dismissed and re-filed all the time without any waiting time. We only see a 6 month limitation if someone is suspected of abusing the system, such as filing with suspected false information, or repeated filings to avoid foreclosure or creditors and then never carrying through with the case, such as not appearing for the hearings. Almost always you can refile at least once, but you should pay attention to the "technicality", find out what the problem was, and avoid that the next time.
 

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