Yes, you can refile but your lawyer will have to go through several extra steps to put your case in a position where it can be confirmed by the judge.
Under the law, if you file a second case within one year from the date of dismissal of your first case, the automatic stay which protects you from creditors will only remain in effect for 30 days. Your attorney can file a motion to extend the stay. In this motion and during a hearing before the judge you will need to explain why this second case is different and why you deserve another opportunity to make your Chapter 13 work.
If, for example, you lost your job shortly after your first case was filed, but now you are employed, that would likely be considered a good reason to extend the stay. On the other hand, if you did not fund your first case and you missed your meeting of creditors hearing for no good reason, the judge might decide not to extend the stay.
If the stay is lifted, your mortgage company can proceed with foreclosure, your car lender can proceed with repossession and judgment creditors can proceed with wage garnishment.
Third Chapter 13 Filing Within One Year
If both your first and second Chapter 13 cases fail and you want file a third case within a year, you will face a real uphill battle.
Under the law, the automatic stay does not go into effect at all for third filing when two prior cases have been active within the past 365 days. You and your attorney can file a Motion to Impose the Stay and you will have an opportunity to argue to the judge that special circumstances exist. Motions to Impose the Stay for a third filing are rarely granted.
Because the stay does not go into effect at all for a 3rd filing, you cannot use Chapter 13 to stop a foreclosure or repossession at the last minute.
What if My Previous Case(s) Were Dismissed Because of a Bad Lawyer or Bad Luck?
There are circumstances when a bankruptcy filer ends up with one or more dismissed cases due to no fault of his/her own. Perhaps you used a non-attorney petition preparer or an inexperienced attorney. Perhaps you hit a string of really bad luck.
Unfortunately, the law assumes that multiple bankruptcy filers are trying to manipulate the system. You can argue to the judge that your circumstances are really unusual but you could very well lose your house or car while you wait for your day in court.
As a general rule, you have a reasonable chance at convincing a judge to pursue a second Chapter 13 bankruptcy if your first case fails, but you face low odds at convincing a judge to impose the automatic stay for a third, fourth or or additional Chapter 13 filing.
