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In practice, most dismissal are without prejudice to future relief, restructure, reorganization or discharge.
Nevertheless, once dismissed, debtors may not refile for a period of 180 days.
| 11 U.S.C. §349(a): "Unless the court, for cause, orders otherwise,
the dismissal of a case under this title does not bar the discharge, in a later case under this title, of
debts that were dischargeable in the case dismissed; nor does the dismissal of a case under this title
prejudice the debtor with regard to the filing of a subsequent petition under this title, except as provided
in section 109(g) of this title." |
Most Courts across the county, including Ohio bankruptcy Courts, require all cases to be filed
electronically. Electronic filing includes online submission and filing by diskette at the clerk's office. On
03-15-04 the Ohio Bankruptcy Court for the Northern District issued the following order: "Notice to Attorneys
Concerning Paper Filings: Any Attorney wishing to file a new petition or other document on paper, under
circumstances that are not governed by one of the exceptions to mandatory electronic case filing set forth in
Amended General Order 03-1, shall initially file a motion for leave to file on paper. The motion, which may be
filed via the mail or over the counter, shall be accompanied by an affidavit and proposed order. The affidavit
shall set forth the specific reasons that the filing cannot be made electronically."
Back to Ohio Bankruptcy Court words & phrases table.
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