How to Reinstate a Bankruptcy Case After Dimissal
If your Chapter 13 bankruptcy case has been dismissed you may still be able to have the case reinstated and ultimately receive your discharge by filing the appropriate documents with the court within the allotted time and attending a hearing.
Consider Hiring an AttorneyBankruptcy is a complicated area of the law that you may not want to face alone. Many bankruptcy attorneys offer a free consultation through which you would be able to better determine whether you should hire legal representation to handle your situation.
File to Vacate DismissalFiling a motion to vacate dimissal should generally be done within 10 days of the order entering dismissal and should cite the factual reasons why the court should vacate the dismissal and reinstate your bankrtupcy proceedings. Beware that the dismissal automatically terminates the automatic stay, so until reinstatement you are not protected from your creditors by the stay. If it is passed the 10 day period, then you should seek counsel to find whether you have circumstances that allow a motion to vacate to still be filed.
Attend a HearingIf correctly and timely filed, there will be a hearing on your motion to vacate the stay where you will go in front of the Judge to explain the reasons that you are asking the court to reinstate your case. Address the Judge as "Your Honor", be courteous, and dress appropriately to show the court respect. If the Judge grants your motion to vacate dismissal, then your case will be reinstated along with the automatic stay.