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Can I Refile Chapter 13 After a Dismissal in Maryland?

In many cases yes. A dismissal is not always the end of the road. If your Chapter 13 case was dismissed, whether because a payment was missed, paperwork fell behind, or life simply got in the way, you can often file again and get your plan back on track. The second filing works a little differently than the first, so it is worth talking through before you refile.

A Dismissal Is Not a Discharge

It helps to know what a dismissal is. When a case is dismissed, it ends without wiping out your debt, so the protection you had goes away and creditors can start back up. That is different from a discharge, which is the fresh start you were working toward. The good news is that a dismissal usually does not stop you from filing again.

What Changes the Second Time

Refiling is a real filing, not just reopening the old case, so it starts fresh with new paperwork and a new plan. The bigger thing to understand is that the automatic stay, the protection that stops garnishments and collection while your case is open, can work differently when you have had a recent case dismissed. This is exactly the kind of detail we handle for you so nothing catches you off guard.

Fixing What Went Wrong the First Time

The best refile is one that solves the reason the first case fell apart. If the plan payment was too high, we look at whether a lower payment fits. If a job loss was the trigger, we account for your current income. The point of filing again is not to repeat the same plan, it is to build one that actually works for where you are now.

Talk It Through Before You Refile

If your Chapter 13 was dismissed and you want to file again, do not wait, because timing can matter. A short call lets us look at what happened and map the cleanest path back to protection. Free consult at 240-896-3253.

 
 
 

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Disclaimer: We are a debt relief agency. We help people file for bankruptcy relief under the Bankruptcy Code. Sheereen McNair is only licensed to practice law in Maryland and Florida. Every case is different and results are not guaranteed. This website is for marketing purposes only and does not provide legal advice. Consult with an attorney to determine your best options in your particular situation. No attorney-client relationship is created until a retainer is signed and attorney fees are paid.

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