You received notice from us that your Chapter 13 bankruptcy case has been dismissed. We monitor the bankruptcy court systems in the Northern and Middle Districts of Georgia for individuals whose Chapter 13 cases have been dismissed. The purpose of our notice is to let you know that you no longer have protection against your creditors because your case was dismissed and to offer our assistance in re-filing your Chapter 13 case.
While you can only file a Chapter 7 bankruptcy case every 8 years, there is no limit on the number of Chapter 13 cases you can file; however, the protection you receive against your creditors varies with the number of cases you have filed. If you have had one Chapter 13 case dismissed within the past 12 months, you can file another Chapter 13 case but the automatic stay that protects you against your creditors only lasts for 30 days. In this situation, you will need to file a motion with the court to extend the automatic stay for the duration of your bankruptcy case. If you have had 2 cases dismissed within the past 12 months, you can file a third case; however, there is no automatic stay that goes into place to protect you against your creditors. You will have to file with the court a motion to impose the stay in order to get protection against your creditors. The more Chapter 13 cases you file in order to obtain protection against your creditors that you do not successfully complete, the more likely the court is to determine that you are abusing the bankruptcy system.
If you would like to explore re-filing your case to obtain protection against your creditors, you can contact our office to get a referral for a free consultation with a bankruptcy attorney. Most firms routinely file second cases and motions to extend the stay but only a few file a third case when you have had 2 cases dismissed within the past 12 months. They will walk you through the re-filing process and guide you in successfully completing your Chapter 13 case. They will represent you for the duration of your case which can last from 3 – 5 years. Don’t let a car creditor repossess your vehicle or a mortgage creditor foreclose on your home without exploring your options for re-filing your case.