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Frequently asked questions
Why was my bankruptcy case dismissed?
The most common reasons for dismissal include failure to make Chapter 13 plan payments, failure to file required documents (tax returns, pay stubs, credit counseling certificate), failure to attend the 341 meeting of creditors, means test failure in Chapter 7, and failure to propose a confirmable plan in Chapter 13.
Can I refile after my bankruptcy was dismissed?
In most cases, yes. There is generally no waiting period to refile unless the court imposed a filing bar under Section 109(g). However, if you had a prior dismissal within the past year, the automatic stay in your new case will be limited under Section 362(c)(3) or 362(c)(4).
What happens to my debts if my bankruptcy is dismissed?
Dismissal means no discharge. All debts that existed before filing still exist in full. Creditors can immediately resume collection activity including lawsuits, garnishment, foreclosure, and repossession. The automatic stay ends upon dismissal.
How can I prevent my bankruptcy from being dismissed?
File all required documents on time, attend the 341 meeting, make all Chapter 13 plan payments, respond promptly to trustee requests, and keep your attorney informed of any changes in your circumstances. Most dismissals are preventable with proactive communication.
Is dismissal the same as discharge?
No. Discharge eliminates qualifying debts permanently. Dismissal closes the case without eliminating any debts. After dismissal, creditors can resume full collection activity. These are fundamentally different outcomes.
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