The 180-day refiling bar
Under 11 U.S.C. § 109(g), a debtor may not file a new bankruptcy case within 180 days of a dismissal if the prior case was dismissed for:
- Willful failure to abide by court orders
- Willful failure to appear before the court
- Voluntary dismissal after a creditor filed a motion for relief from the automatic stay
If none of these apply, there is generally no automatic waiting period before refiling. But the court in the new case will closely examine the circumstances of the prior dismissal.
Reduced automatic stay
The most significant consequence of a prior dismissal is reduced automatic stay protection in your new case:
| Situation | Automatic Stay Duration | Section |
|---|---|---|
| No prior dismissal | Full stay (duration of case) | § 362(a) |
| 1 dismissal in past year | 30 days only (unless extended by court) | § 362(c)(3) |
| 2+ dismissals in past year | No stay at all (must petition court) | § 362(c)(4) |
To extend the stay beyond 30 days (or to obtain one at all with 2+ dismissals), you must file a motion within the first 30 days and demonstrate that the new case was filed in good faith.
Proving good faith after a dismissal
Courts look at whether your circumstances have changed since the dismissed case. Factors include:
- Did your financial situation change (job loss, medical emergency)?
- Did you address the problems that caused the prior dismissal?
- Are you filing to reorganize genuinely, or just to delay?
- How many prior filings have you had?
Time bars from prior discharges are separate from dismissal rules. If your prior case resulted in a discharge (not just a dismissal), you must also satisfy the time bars under 11 U.S.C. § 727(a)(8)-(9) and § 1328(f). A dismissal without discharge does not trigger these time bars.