You can refile a Chapter 13 bankruptcy after dismissal in most situations, but the second case rarely gives you the same protection as the first. Two rules do most of the damage: a 180-day bar that blocks refiling in specific circumstances, and a shortened automatic stay that expires after 30 days — or never takes effect at all — when you’ve had recent dismissals. Knowing which rules apply to your situation before you file again is the difference between buying real time and spending money on a case creditors can ignore.
When You Have to Wait Before Refiling
The Bankruptcy Code’s default rule is that a dismissal does not block you from filing again.1Office of the Law Revision Counsel. 11 USC 349 – Effect of Dismissal Two exceptions can force you to wait.
The first is the 180-day bar in Section 109(g). You cannot file any new bankruptcy case for 180 days if either of the following is true:2Office of the Law Revision Counsel. 11 U.S.C. 109 – Who May Be a Debtor
- The court dismissed your prior case because you willfully failed to follow its orders or failed to appear in court to prosecute the case.
- You asked to dismiss your own case after a creditor filed a motion for relief from the automatic stay.
If neither applies, the 180-day bar is not an issue, and you can refile as soon as you’re ready.
The second exception is a dismissal “with prejudice.” Most Chapter 13 dismissals are “without prejudice,” which leaves you free to refile. A with-prejudice order is less common and reserved for genuine abuse: hiding assets, filing in bad faith to stall creditors, or repeatedly ignoring court orders. One Connecticut bankruptcy court barred a debtor from refiling any bankruptcy case for two years after finding a pattern of bad-faith conduct.3United States Bankruptcy Court District of Connecticut. Order Dismissing Chapter 13 Case – In re Joseph M. Gurz Pull your dismissal order and read it. If it says “with prejudice,” it will specify how long the bar runs and whether it covers all chapters or just Chapter 13.
How the Automatic Stay Changes the Second Time
This is the part that catches most refilers off guard. Even when you’re legally allowed to file, the automatic stay you receive is sharply limited by your recent history.
One Prior Dismissal Within a Year
If you file a new Chapter 13 within one year of a previous case that was dismissed, the automatic stay expires after 30 days.4Office of the Law Revision Counsel. 11 USC 362 – Automatic Stay Once that window closes, creditors can resume foreclosures, lawsuits, and garnishments as if you had not filed. The stay does not carry on just because your case is still pending; you have to ask the court to extend it.
Two or More Prior Dismissals Within a Year
If two or more of your cases were pending and dismissed within the preceding year, no stay goes into effect at all when you file the new case.4Office of the Law Revision Counsel. 11 USC 362 – Automatic Stay A creditor can ask the court to promptly confirm in writing that no stay exists. You can still ask the court to impose a stay, but you’ll be arguing against a presumption that the filing is in bad faith.
Asking the Court to Extend or Impose the Stay
When the 30-day stay is about to lapse, or when no stay took effect at all, you can file a motion asking the court to continue or impose it. The timing is strict. The hearing on your motion must be completed before the 30-day period expires.4Office of the Law Revision Counsel. 11 USC 362 – Automatic Stay In practice, that means filing within the first week or so of the new case so the court can schedule and hold the hearing in time.
You will have to prove the new filing is in good faith. The law presumes bad faith if any of the following are true:4Office of the Law Revision Counsel. 11 USC 362 – Automatic Stay
- More than one prior case was pending within the preceding year.
- Your previous case was dismissed because you failed to file required documents, failed to provide adequate protection as ordered by the court, or failed to perform the terms of a confirmed plan.
- Your financial or personal circumstances haven’t substantially changed since the last dismissal, and there’s no reason to believe the new case will end with a completed plan.
The presumption can be rebutted, but only by clear and convincing evidence. That is a high bar. You will need to show the court what is different this time: a new job, resolved medical issues, a more realistic budget, or elimination of the specific problem that broke the first case. Walking in with the same income, the same expenses, and the same plan that already failed is a reliable path to denial.
Eligibility Items That Reset When You Refile
A new case is a new case. The eligibility requirements have to be met again, even if you cleared them months ago.
Debt Limits
Chapter 13 is only available to individuals with regular income whose debts fall below set thresholds. As of 2026, your unsecured debts must be less than $526,700 and your secured debts must be less than $1,580,125.5United States Courts. Chapter 13 – Bankruptcy Basics If your balances grew during or after the first case through accrued interest, new obligations, or penalties, check the numbers before you file. You could be over the limit without realizing it.
Credit Counseling
You must complete a credit counseling briefing from an approved nonprofit agency within 180 days before filing the new case.6Office of the Law Revision Counsel. 11 USC 109 – Who May Be a Debtor The certificate from your previous case does not count if more than 180 days have passed. The briefing can be done by phone or online and typically costs around $25 to $50.
Tax Returns
You must have filed all required federal tax returns for the four years before the new filing date.7Internal Revenue Service. Chapter 13 Bankruptcy – Voluntary Reorganization of Debt for Individuals If missing returns contributed to the first dismissal, get them filed before you refile. The trustee will ask for copies, and the court won’t confirm a plan without them.
What Refiling Costs
The federal court filing fee for a Chapter 13 case is $313. You can ask the court to pay it in installments, but it has to be paid in full.
Attorney fees are the larger expense and the harder number to pin down. Chapter 13 cases are complex enough that going without a lawyer is risky, and that risk is sharper on a second filing where the court is already looking closely at your good faith. Attorney fees for Chapter 13 cases typically run from $2,500 to $8,500 depending on the complexity of the case and where you live. Most bankruptcy attorneys roll their fees into the repayment plan, so you usually don’t need the full amount upfront, but those fees still raise your total plan payments and have to be built into the budget from the start.
What Has to Change for the Second Case to Work
The single most important thing you can do is identify exactly why the first case failed and fix it before you file again. Courts see through cases where nothing has changed, and so do trustees.
If missed payments caused the dismissal, build the new plan around what you can actually afford, not what you hoped you could. Many first-time Chapter 13 plans are too aggressive, squeezing the budget so tight that any unexpected expense triggers a missed payment. A lower payment to unsecured creditors spread over the full five-year plan period is often more realistic than an ambitious three-year plan with no breathing room.
If you’re refiling within a year of the dismissal, prepare the motion to extend the automatic stay at the same time you prepare the petition. It has to be filed almost immediately after the case opens. Waiting until the third or fourth week is too late. The motion should explain the specific reason the first case failed, what has changed since then, and why the court should expect a different outcome this time around.