How to Refile a Bankruptcy After Withdrawal
- 1). Attend a credit counseling session with a credit counseling agency that has been approved by the U.S. Trustee Program. You must complete the credit counseling requirement within 180 days before the date you plan on filing for bankruptcy.
- 2). Retake the means test. Your income may have changed since the last time you filed for bankruptcy. The median family income for your state of residence has probably changed, because it changes periodically. Because your median family income can determine whether you can file for Chapter 7 bankruptcy or the duration of your Chapter 13 bankruptcy case, you need to take the test again.
- 3). Take your income for the six full months before the date you plan to file your case. Add this income together and multiply the result by two. This gives you your family income for purposes of filing for bankruptcy.
- 4). Compare your family income to the median family income for a family of your family's size in your state of residence. If your family income falls below this number, a Chapter 13 bankruptcy case would span three years. If your family income hovers above this number, a Chapter 13 bankruptcy case would span five years. In the case of Chapter 7, if your family income falls below this number, you can file for Chapter 7 bankruptcy. If your family income hovers above this number, go on to calculate your disposable income.
- 5). Divide your family income by 12 to come up with your monthly current income. Deduct your allowable monthly expenses from your monthly income to come up with your monthly disposable income. Multiply this number by 60. If the resulting number is $10,000 or less, you can file for Chapter 7 bankruptcy. If the resulting number is more than $10,000, you cannot file for Chapter 7 bankruptcy.
- 6). File your bankruptcy petition in the bankruptcy court serving your district. You will need to pay a filing fee of $299 for Chapter 7 bankruptcy and $274 for Chapter 13 bankruptcy. After you file your petition, the U.S. Trustee will appoint a bankruptcy trustee to handle your case. The bankruptcy trustee will conduct the first meeting of creditors, which you must attend and participate in by answering questions under oath. The bankruptcy trustee will act as an intermediary between you and your creditors.
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