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Chapter 7 and Chapter 13 cases may be involuntarily dismissed for a variety of reasons. The
most common of which are:

aV ±ailure to pay the filing fee;


aV ±ailure to file the bankruptcy schedules and other required documentation;
aV ±ailure to attend the Meeting of Creditors;
aV ±ailure to make the required Chapter 13 plan payments; and
aV ±ailure to complete required counseling sessions.

An involuntary dismissal is initiated by the filing of a Motion to Dismiss by a creditor or the


bankruptcy trustee. In most cases, before a case will be involuntarily dismissed, the bankruptcy
court will issue a court order, known as a Notice of Intent to Dismiss in some jurisdictions,
giving the debtor a deadline by which to perform or comply. If the debtor fails to perform by the
specified deadline, the case will be dismissed. However, if the debtor offers a reasonable
explanation for his failure to perform, the Motion to dismiss will be denied.
In most instances where a case is involuntarily dismissed, the dismissal will be without
prejudice. This means that the debtor may immediately re-file. However, if a debtor has filed
multiple cases and never followed through or completed any of them, the case will be
involuntarily dismissed with prejudice. When a case is dismissed with prejudice, the debtor is
prohibited from refilling for at least 180 days.

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