Any judge's decision can be appealed within a specific period time of filing the request. If the dismissal was very recent (less than 3 weeks), you could try a "Motion to Reconsider." If you are outside the period of time to request a Motion to Reconsider, you can ask for an Order to be vacated up to one year and only on very narrow grounds (that don't sound like they apply here). Whether you will be successful depends on the grounds you state in your Motion to Reconsider. Simply tell the judge why he or she should reconsider the decision. That you didn't have any help won't be very persuasive so include an argument about how you can now or immediately comply with all the judge has asked of you. Prepare all your missing documents and file them with the Motion to Reconsider. You might consider hiring an attorney to help you with this. If your motion is denied, you should be able to re-file (unless you have a 180 day bar to re-filing, which the judge would likely have referenced in his or her dismissal).

Answer Applies to: Wisconsin
Replied: 12/28/2011

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If your bankruptcy was dismissed you could file a motion for reconsideration. Or you could simply refile a case. You should find out why it was dismissed. Perhaps obtaining an attorney would be better than trying to do it yourself. It isn't necessarily easy to navigate the various procedures.

Answer Applies to: California
Replied: 12/21/2011

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You should retain a bankruptcy attorney to determine what went wrong with your filing, whether it was dismissed with or without prejudice, and what your next step should be. Bankruptcy is a complex area of law in which there are many rules and many ways to go wrong.

Answer Applies to: Massachusetts
Replied: 12/21/2011

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You need to file a motion to reinstate and give the judge a good reason as to why he/she should reinstate your case, not hiring any professional help is not an acceptable cause. If you missed filing some required document or timely cure a defficiency is usually a forgivable mistake, as it happens to practitioners more often than you think. However, I highly recommend you seek professional help if your case was dismissed because of some more fundamental legal issues caused by your lack of knowledge in bankruptcy law.

Answer Applies to: Florida
Replied: 12/21/2011

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You can generally always appeal the decision, but you have a limited amount of time to do it in. First I would consult with a bankruptcy attorney, if he dismissed it for a good reason, there is no point in appealing and incurring the extra cost. Good Luck!

Answer Applies to: Michigan
Replied: 12/21/2011

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If your case was dismissed it was probably for good reason. Most pro se filing are dismissed for failure to follow proper procedures and/or omission of information. The procedures for properly filing an appeal are very technical. It is very unlikely a person will figure out how to properly file an appeal without specialized knowledge of bankruptcy procedure. Your appeal will probably never be heard. You would be better off hiring an attorney to file your bankruptcy. This is not the time to save money.

Answer Applies to: Colorado
Replied: 12/21/2011

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You can appeal, but chances are the judge properly dismissed your case. Instead, you may want to wait 180 from date of dismissal, and have an attorney file a new bankruptcy petition.

Answer Applies to: New York
Replied: 12/21/2011

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You have 14 days from the decision to file notice of appeal. However, probably the only decision worse than filing bankruptcy without an attty is filing an appeal without one. The court was doing you a favor when it dismissed your case. Defects in the petition that affect the dischargeability of debts so that they are never dischargeable. Find a competent lawyer and refile.

Answer Applies to: North Carolina
Replied: 12/21/2011

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You probably have to refile. Please use a lawyer this time.

Answer Applies to: Colorado
Replied: 12/21/2011

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You could, but why. Much better to refile correctly.

Answer Applies to: Illinois
Replied: 12/21/2011

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Yes, you can, but good luck. We have very competent judges in Colorado and they do not typically nor erroneously dismiss cases. I would recommend you re-file bankruptcy, but use an attorney. Remember, bankruptcy is federal law governed by legal rules and procedures. You'll find using an attorney will get you a better result.

Answer Applies to: Colorado
Replied: 12/21/2011

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You might be better off if you file a whole new case. Either way, you need the help from a lawyer this time.

Answer Applies to: Minnesota
Replied: 12/20/2011

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You have already learned the hard way that pro se filings almost never work. You apparently did not get the message in time, as the time to challenge the dismissal is to get a good lawyer before it happens. Some bankruptcy decisions can be appealed in a very short time frame. The procedural requirements are so complex that even some bankruptcy lawyers retain specialized appellate counsel. The consequences can be bad, and you probably have better options. Very few decisions are ever overturned.

Answer Applies to: Georgia
Replied: 12/20/2011

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It may be a possibility to appeal but more importantly why was it dismissed? You might have a better chance of re-filing if it is possible. I would suggest speaking with a local, experienced bankruptcy attorney. Even if you could appeal you probably wouldn't prevail on your own unless you have a good grasp of the law and procedure.

Answer Applies to: New York
Replied: 12/20/2011

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You should stop doing what you do not know how to do. Your case was probably dismissed because you did not do it right. You need to get a lawyer to help you, You already tried to do it without a lawyer and failed. Time to give up and get a lawyer. If you cannot do the case right doing the appeal is a lot more complicated and expensive and less likely to succeed.

Answer Applies to: California
Replied: 12/20/2011

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You would have to timely file an appeal with the court. It's not wise to try and file bankruptcy without a lawyer. Often, doing so will end up in the case getting dismissed. It is highly inadvisable to proceed on appeal without an attorney.

Answer Applies to: Indiana
Replied: 12/20/2011

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If you cannot file a proper bankruptcy filing, it is unlikely you would be able to file an appeal properly.

Answer Applies to: Florida
Replied: 12/20/2011

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It's hard to say without knowing why the judge ruled to dismiss your case. You need to consult with an attorney and may be able to file another case.

Answer Applies to: California
Replied: 12/20/2011

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You may be able to immediately re-file your case. You do not indicate whether you filed a chapter 7 or Chapter 13 and whether your case was dismissed for cause? If your dismissed matter was a chapter 7 and it was dismissed because you didn't file paperwork etc. You may be able to file again right away. If your case was dismissed for cause then you may have to wait. If your case was a chapter 13 and it was dismissed because your plan was not feasible this will be a bigger problem. It is obvious that you need to speak with an attorney about this. Do yourself a favor and at least get a free consultation with an attorney near you.

Answer Applies to: California
Replied: 12/20/2011

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It is possible that you could appeal the dismissal if you can show the case should not have been dismissed, but in most cases you are better off correcting the errors in the first case and refiling.

Answer Applies to: Colorado
Replied: 12/20/2011

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I think it might be easier for you to revile the case than for you to file an appeal. Depending on why the case was dismissed you might not have grounds to appeal. Consult with an attorney first.

Answer Applies to: California
Replied: 12/20/2011

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Sure but you will most likely lose. Fix it instead.

Answer Applies to: California
Replied: 12/20/2011

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