Refiling · Beverly Hills
Refiling After a Dismissed Bankruptcy Case in Beverly Hills
Refiling after a dismissed case in Beverly Hills is possible, but the protection in your new case may be cut short unless the right motion is filed on time. If your case was dismissed in the past year, call (310) 362-9071 before you refile. The first 30 days matter.
- 1 dismissal in the past year: stay may end after 30 days
- 2 or more dismissals in the past year: no stay unless the court orders one
- Some dismissals carry a 180-day bar
- A motion must be filed and heard quickly
Why cases get dismissed, and why it matters for the next one
Cases are often dismissed for missed plan payments, missing documents, skipping the 341 meeting or not finishing credit counseling. A dismissal ends the case without a discharge, and collection can start again.
- Your Chapter 13 was dismissed for missed payments and a foreclosure is back on
- You filed on your own and the case was dismissed for missing paperwork
- A garnishment or levy restarted after dismissal
- You had two cases dismissed in the past year
How we refile and protect the stay, step by step
- Pull the old case. We read the docket to see exactly why the case was dismissed and whether any order bars refiling.
- Check the 180-day bar. Some dismissals prevent filing again for 180 days. If one applies, we plan around it.
- Fix the problem. We show what is different now, such as a new job, a realistic budget or complete paperwork.
- File the new case. We choose the right chapter and file a complete petition.
- File the stay motion. With one prior dismissal in the past year, we file a motion to extend the stay so it can be heard within 30 days. With two or more, we file a motion to impose it.
- Attend the hearing. We present evidence of good faith to the court and follow through on any conditions it sets.
Cost and timeline
Refiled cases take more work because of the stay motion and hearing. You get our fee in writing at the consultation.
The timeline is tight. The motion has to be filed right away and heard before the 30th day after filing. Call as soon as you know you need to refile, not on the day of a sale.
Stay motions in the Los Angeles Division
Refiled cases from Beverly Hills and most of Los Angeles County are heard in the Los Angeles Division of the U.S. Bankruptcy Court, Central District of California, at 255 East Temple Street. The court uses local forms for motions to continue or impose the stay, and each judge sets hearings on their own calendar. We file early so a hearing can be set within the deadline.
Refiling mistakes to avoid
- Refiling the same plan. If nothing changed, the court is unlikely to extend the stay.
- Missing the 30-day window. If the motion is not heard in time, the stay ends.
- Filing a bare petition with no plan to finish. Another dismissal makes the next case harder.
- Hiding the prior case. Every prior case must be listed on the petition.
Related services
If your Chapter 13 is still open but failing, converting Chapter 13 to Chapter 7 may avoid a dismissal. If your case closed but something was missed, read about reopening a bankruptcy case.
Refiling questions
How soon can I refile after my bankruptcy was dismissed?
You can usually refile right away after a dismissal, unless the dismissal order or the law imposes a 180-day bar. Even when you can refile, the automatic stay may be limited, so plan the new filing carefully.
Will the automatic stay protect me if I refile?
The automatic stay protects you for 30 days if you had one case dismissed in the past year, and longer only if the court extends it. If you had two or more dismissed, there is no stay unless the court orders one. A timely motion is the key.
Can I switch chapters when I refile?
Yes, you can switch chapters when you refile. If your Chapter 13 failed because income dropped, Chapter 7 may fit now. A recent discharge can limit your options, so we check your history.
What counts as good faith for a refiled case?
Good faith for a refiled case usually means showing a real change since the last case, such as steadier income, lower expenses or complete paperwork. The court looks at the whole picture, so we gather proof before the hearing.
Free consultation
Refile with the stay protected
Call (310) 362-9071 or send the form. Have your old case number ready.
Law Offices of John Asuncion9454 Wilshire Blvd., Penthouse Floor
Beverly Hills, CA 90212
(310) 362-9071
Monday to Friday, 9 a.m. to 6 p.m.