“I Filed Before on My Own and the Trustee Dismissed My Case Because the Papers Were Not Done Right
- Can I File Again With Clark and Washington?”

   Generally, the answer is “yes,” you can file again - as long as you did not get an Order of Discharge, or the Dismissal Order does not contain language preventing you from filing again.

   Under the current law, the bankruptcy process is very complicated.  Although you can buy blank bankruptcy petition forms in an office supply store, most pro se cases (cases filed without the help of a lawyer) end up being dismissed.

   If you filed before, we need to know about it.  The dismissal of a case does not erase the case from the public record - once a case number is issued, there is nothing you can do to “cancel” or “undo” the filing.

   If you fail to disclose a prior case, your trustee can move to dismiss your current case and you may lose valuable rights.  In extreme cases, you can lose property as well.

Limits to the Reach of the Automatic Stay in Refiled Cases

   Under the 2005 BAPCPA amendments to the bankruptcy laws, new rules were added regarding the reach of the automatic stay in refiled cases.  Specifically, the automatic stay in a second case filed within 1 year of a prior case will terminate in 30 day unless we file a special motion to extend the stay.

   In a third case filed within 1 year, the automatic stay does not apply at all, and we would have to file a special motion to have the automatic stay apply.

   If you have ever filed a prior case - with or without a lawyer, within one year, five years or ten years, you must let us know.  We also strongly recommend that you do not wait until an emergency exists (i.e., pending foreclosure, wage garnishment, or repossession) to contact our office.