Can I refile after a bankruptcy dismissal?

Generally yes, but with restrictions. If your case was dismissed for willful failure to obey court orders or was voluntarily dismissed after a creditor filed a motion for relief from stay, Section 109(g) bars refiling for 180 days. Even if you can refile immediately, the automatic stay in your new case may be limited to 30 days under Section 362(c)(3) if the prior case was dismissed within the preceding year.

How common is bankruptcy dismissal?

Dismissal is very common, particularly in Chapter 13 cases. According to FJC data covering 4.9 million cases across 94 federal districts, approximately 60-67% of Chapter 13 cases end in dismissal rather than discharge. Common causes include failure to make plan payments, failure to file required documents, and failure to appear at the 341 meeting of creditors.

What Happens When a Bankruptcy Case Is Dismissed?

Q: What happens when a bankruptcy case is dismissed?

When a bankruptcy case is dismissed, the automatic stay ends immediately, meaning creditors can resume collection, lawsuits, wage garnishments, and foreclosure. All debts that were part of the case return in full. No discharge is granted, so you remain legally obligated to pay everything. Any plan payments already made are typically returned to creditors, and you may face a 180-day bar on refiling under Section 109(g) if the dismissal was for certain reasons.

Dismissal ends your bankruptcy case without eliminating any debts. Creditors can resume collection immediately.

Immediate consequences of dismissal

When a bankruptcy court dismisses your case, the following happens:

The automatic stay ends. Creditors can immediately resume collection calls, lawsuits, wage garnishments, repossessions, and foreclosure proceedings.
No debts are discharged. You remain legally obligated to pay every debt that existed before the filing.
Plan payments may be lost. In Chapter 13, payments already distributed to creditors are generally not returned to you. The trustee distributes funds on hand to creditors.
The filing remains on your credit report. Even a dismissed case appears on your credit history -- Chapter 7 for 10 years, Chapter 13 for 7 years from the filing date.
Attorney fees are not refunded. Fees paid to your bankruptcy attorney are typically not recoverable after dismissal.

Common reasons for dismissal

According to federal court records covering 4.9 million cases across 94 districts, the most common reasons for bankruptcy dismissal include:

Reason	Description
Failure to file documents	Not completing schedules, statements, or tax returns within the deadline set by the court
Failure to make plan payments	Missing one or more monthly payments to the Chapter 13 trustee
Failure to attend 341 meeting	Not appearing at the required meeting of creditors
Means test failure	Income too high for Chapter 7 under the means test
Failure to pay filing fee	Not paying the filing fee or installment payments
Trustee or UST motion	The trustee or U.S. Trustee moves to dismiss for cause
Voluntary dismissal	The debtor requests dismissal (Chapter 13 debtors have an absolute right under Section 1307(b))

Dismissal rates by chapter

Court data shows dramatically different dismissal rates depending on the chapter filed:

National dismissal rates (FJC data)

Chapter 13: Approximately 60-67% of cases end in dismissal nationally. In some districts, the rate exceeds 75%.

Chapter 7: Dismissal rates are much lower, typically under 5%, because Chapter 7 cases are resolved quickly (usually 3-4 months) and do not require ongoing payments.

Can you refile after dismissal?

In most cases, yes. But there are restrictions:

The 180-day filing bar

Under Section 109(g), you cannot file a new bankruptcy case within 180 days of dismissal if:

The case was dismissed for willful failure to abide by court orders or to appear before the court, or
You voluntarily dismissed the case after a creditor filed a motion for relief from the automatic stay

Reduced automatic stay on refiling

Under Section 362(c)(3), if your case was pending and dismissed within the past year, the automatic stay in your new case automatically terminates after 30 days unless the court extends it. If two or more cases were dismissed in the prior year, no automatic stay takes effect at all without a court order.

Dismissal does not reset the discharge clock

If your case was dismissed (no discharge granted), the waiting periods under Sections 727(a)(8), 727(a)(9), and 1328(f) do not apply because those statutes only count discharges. However, the filing still appears on your record and affects the automatic stay in future cases.

Dismissal vs. discharge

These are fundamentally different outcomes. Discharge eliminates your legal obligation to pay qualifying debts. Dismissal ends the case as if it never happened -- your debts remain in full. For a detailed comparison, see Dismissed vs. Discharged.

Check whether you're eligible for discharge in a new case after dismissal.

Use the Eligibility Checker

Related resources

Dismissed vs. Discharged -- What each outcome means
Why Do Chapter 13 Cases Fail? -- The leading causes of dismissal
Chapter 13 Completion Rate -- National success and failure data
How Often Can You File? -- Filing frequency limits
What Is the Automatic Stay? -- The protection you lose on dismissal

This page provides general information based on publicly available federal court records. It does not constitute legal advice. Consult a licensed attorney for advice on your specific situation.

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