Clark & Washington

What Do I Need to Know About Refiling Bankruptcy in Georgia

When it comes to the number of times you’re allowed to refile bankruptcy in Georgia, there are no restrictions unless the court order states one. However, if your debts were dismissed in a previous bankruptcy, you must wait a specific amount of time before you can file again.

Whether or not you can file another Georgia bankruptcy and receive a discharge status depends on:

No Limitations to How Many Times You Can File

The time restrictions on when you are eligible to refile for a Chapter 7 or Chapter 13 will depend on which type of bankruptcy you’re trying to file now.

Restrictions Associated with Previous Bankruptcies (Dismissed with Prejudice)

Bankruptcy court can prevent you from filing another bankruptcy case for a specific amount of time. This occurs if the court has previously dismissed your previous bankruptcy with prejudice. This occurs when you fail to obey court orders, file multiple cases in order to delay your creditors or you abuse the bankruptcy system in general. This 180-day bar occurs if you failed to obey orders or you dismissed your previous bankruptcy voluntarily after a creditor had filed a motion for relief for automatic stay. Bankruptcy fraud is another instance that you may be prevented from filing another bankruptcy for an extended period of time. Hiding assets, lying on official court papers or filing a bankruptcy case in bad faith can all result in fraud charges. 

Automatic stay protects you against the efforts of collections from creditors during bankruptcy. If your first bankruptcy in Georgia was dismissed and you filed another within a year of its dismissal, the automatic stay in your new case is just 30 days. For those with more than two dismissals, there is no automatic stay. This means that if you file multiple bankruptcies in one calendar year, you may have to file a motion to impose or extend automatic stay on your particular case.

Contact A Bankruptcy Attorney

A bankruptcy attorney in Georgia from Clark & Washington can help you navigate through the legal process when you want to refile for bankruptcy. To talk to one of our professional lawyers, call us at 770-629-9093 today.

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