My bankruptcy case was dismissed? What do I do now?

If you receive a notice in the mail from the court that states your bankruptcy case is dismissed, then you need to look at the other items you have received from the court or communications from your attorney. If you are a client of our office,

then you will likely have been notified of any issues, such as outstanding documents due to the Trustee that may have been due.

The reasons for dismissal can range from falling behind on your payments, not complying with a request of the trustee, or failing to provide a document vital to the trustee’s investigation that required by law to be provided or that you agreed to provide.

If your case was dismissed for failure to provide a document or make a particular filing, then your case can be reinstated given that you are able to provide the document or file the missing items with the court. If you are unable to cure the deficiency (item that is missing), then you may have to wait until the prejudice period passes to try to file a new case.

Dismissal with prejudice in a different court may mean you cannot refile the claim or case. The prejudice period in bankruptcy is the amount of time the court says you must wait before filing a new case which is customarily 180 days or 6 months unless the judge provides otherwise in the dismissal order. It does not mean you can never file a bankruptcy case again.

The most important things to do once your case is dismissed is to contact your attorney immediately to find out why. If you are representing yourself, then review your documents and consider whether hiring a bankruptcy attorney in Miami may help you to be more successful going forward.