Legal Question in Bankruptcy in New Mexico

Re: 341 dismissed

If the dismissal order has language barring re-filing, or if it says it is dismissed with prejudice, you won't be able to re-file again for at least 180 days. Otherwise, there is nothing to stop you from refiling. However, under the new reform bankruptcy law, the bankruptcy stay (that prevents creditors from acting to collect a debt) may not be in effect. If you had a case dismissed within a year before you file the new case, the automatic stay will last for 30 days unless extended by the Court. If you had more than one case dismissed in the year before you file the new case, there will be no stay in effect unless the Court imposes one.