If your Chapter 13 was dismissed, can you refile? In most cases, yes, and often immediately. The catch is protection: a second case filed within a year of the dismissal usually gets a shortened automatic stay, and a third may get none unless a judge steps in. Planning the new case around those limits is what keeps a refiling from failing twice.
Chapter 13 dismissed: can I refile right away?
Start with the dismissal order. Most Chapter 13 dismissals, including dismissals for missed plan payments, are entered without prejudice, and nothing stops you from filing a new petition the same week. Two situations are different.
The 180-day bar
Section 109(g) of the Bankruptcy Code blocks an individual from filing for 180 days if the earlier case was dismissed because the debtor willfully failed to obey court orders or appear, or if the debtor voluntarily dismissed after a creditor filed a motion for relief from the automatic stay. That second trigger surprises many homeowners who dismissed a case after their lender asked to proceed with a foreclosure.
Dismissal with a longer bar
Where a court finds bad faith or abuse, it can order a longer bar to refiling or even prevent the debts in that case from being discharged later. If your order mentions prejudice, a bar period or a specific number of days, have an attorney read it before you do anything else.
If you are facing a foreclosure sale, garnishment or repossession after a dismissal, call (415) 754-0115 quickly to book a free consultation, or use our contact page. Refiling decisions often come down to days.
How many dismissals in the past year?
The Bankruptcy Code counts prior cases that were pending within the one-year period before the new filing and were dismissed. The count determines how much protection the new case gets.
One prior dismissal: a 30-day stay
Under section 362(c)(3), if one earlier case was pending in the past year and dismissed, the automatic stay in the new case ends 30 days after filing unless the court extends it.
The motion to extend the stay
Your attorney files a motion to extend, and the hearing must be completed before the 30 days run out, so it is typically filed with or right after the new petition. In several situations the law presumes the new case was not filed in good faith, for example when the earlier case was dismissed for failing to make plan payments or file required documents. That presumption can be rebutted, but only with clear and convincing evidence.
Two or more prior dismissals: no automatic stay
Under section 362(c)(4), when two or more earlier cases were pending in the past year and dismissed, no stay goes into effect when you file. You can ask the court to impose one through a motion filed within 30 days of filing, again with the burden on you to show good faith.
Orders tied to the property itself
If a lender has already obtained an order under section 362(d)(4) because of repeated filings affecting a home, that order can apply to the property in any case filed within two years once it is recorded. A new petition may not stop that foreclosure at all.
Proving the second Chapter 13 will work
Judges are not asking whether you deserve another chance in the abstract. They want to know what is different now. Evidence that tends to matter includes:
- A real change in income. A new or steadier job, a return to full-time hours, or a household member now contributing, supported by recent pay stubs.
- A fixed cause. Documentation that the medical problem, family emergency or temporary job loss behind the missed payments has passed.
- A budget that fits. A plan payment built from realistic expenses rather than the optimistic numbers that failed the first time.
- A payment method that sticks. A wage order that sends plan payments straight from your paycheck to the trustee.
- A clean record of cooperation. Tax returns filed, documents ready, and a credible explanation under oath.
Our explanation of the Chapter 13 repayment plan shows how the payment is built, which helps you see where the first plan may have gone wrong.
Refile Chapter 13, or choose Chapter 7 instead?
Refiling the same chapter is not automatic. If the main goal is to save a house or car by catching up on arrears, Chapter 13 is often the only bankruptcy tool that does that, and the refiled plan must realistically cover both the ongoing payment and the back payments. If income has dropped and the house is no longer realistic to keep, Chapter 7 may be worth comparing, provided you pass the means test and are not blocked by the time limits between discharges.
For homeowners, the timing of any sale date matters. Our guide to stopping a foreclosure sale date covers what can and cannot be done in the final days.
Refiling with The Somal Law Firm
Attorney Bob Somal handles Chapter 13, Chapter 7 and foreclosure defense matters for clients in Pleasanton, San Ramon, Danville, Dublin, Livermore and throughout the East Bay. In a refiling, that means reviewing the old docket and dismissal order, counting prior cases within the look-back year, preparing the new petition and plan together with any motion to extend or impose the stay, and assembling the evidence the court will want to see at the hearing.
Frequently asked questions
Does the 30-day limit apply if my first case was a Chapter 7?
Generally, yes. The count looks at prior individual cases under Chapters 7, 11 and 13 that were pending in the past year and dismissed, with a narrow exception for certain Chapter 7 cases dismissed under the means test and refiled under another chapter.
What if I miss the 30-day window to extend the stay?
The stay terminates as to you and some property, and creditors can act. Courts are divided on exactly what protection remains, so an attorney should address the issue immediately.
Can I refile if I was close to finishing my plan?
Yes, but you start a new case with a new plan. Before refiling, ask whether the dismissal can be vacated instead, since reinstatement may preserve the progress already made.
A dismissed Chapter 13 can still become a completed one when the second case is built on the right facts. Call (415) 754-0115 or reach us through the contact page to arrange a free consultation, and bring your dismissal order and case number so the review can start right away.
Attorney Advertising. This article is general legal information for Bay Area residents, not legal advice, and does not create an attorney–client relationship. Every situation is different — please consult a licensed attorney about your specific circumstances.