Legal Question in Bankruptcy in California

Refiling Chapter 7

My Chapter 7 filing was dismissed due to non-payment of filing fees. Can I re-file or is their law forbidding re-filing? Thank you ahead of time.


Asked on 11/13/01, 10:53 am

2 Answers from Attorneys
Mark Markus Law Office of Mark J. Markus

Re: Refiling Chapter 7

It depends what the order of dismissal says. Usually there is no prohibition on re-filing if this was your first attempt.

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Answered on 11/13/01, 11:33 am
Robert Miller Robert L. Miller & Associates, A Law Corporation

Re: Refiling Chapter 7

Thanks for your posting. To answer your question, you really need to look at the order or notice of dismissal filed by the court. In most cases, there is no prohibition against you filing again. If the court ordered a bar on you filing again, pursuant to 11 U.S.C. �109, then it will be six months from the date of that order that you can file again. And finally, if you had a discharge entered for some reason, it is six years before you can file again.

Thanks, and please email or call me at 714-568-1560 if you have any further questions.

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Answered on 11/13/01, 12:54 pm


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