Legal Question in Bankruptcy in California

Re: chapter 13 dismissal

Yes, you can refile another Chapter 13 right away, or even a Chapter 7, if things have changed enough to warrant it (and you haven't received another Chaper 7 discharge within previous six years). If you do refile a Chapter 13, the trustee might ask for a Declaration from you explaining why the new case will work when the other one did not, but as long as there is a reasonable explanation it should not be a problem.

Re: chapter 13 dismissal

Morris gave the best answer

Re: chapter 13 dismissal

The prior answers do not tell the whole story. They are accurate to a point. If your case was dismissed due to inability to make payments you are likely to be able to refile. On the otherhand, if you were dismissed because you did not appear for a hearing, or dismissed because you did not file all your documents,or you voluntarily dismissed your case after a "relief from automatic stay" motion, you may have a bar to refiling any bankruptcy for 180 days under Section 109(g) of the bankruptcy code. You need to confirm whether there is a 180 day bar in your dismissal order. If you have that bar it would normally be in that order. If it is not in the order, you can still have a trustee or creditor argue in the new case that the provision still applies though that is less likely.