11 U.S.C. § 349 — Effect of dismissal
submitted 48 years ago by Pub. L. 95-598 to r/title-11-BANKRUPTCY · 194 words · no verdicts yet
Dismissing a bankruptcy case usually does not stop a debtor from discharging the same debts in a later case. It also usually does not stop the debtor from filing again, except in one listed situation. Unless the court says otherwise, dismissal also undoes many of the case's earlier legal effects, such as reversing transfers or liens the case had voided.
(a) Unless the court, for cause, orders otherwise, dismissing a case under this title does not bar the debtor* from later discharging, in a new case, debts that were dischargeable in the dismissed case. Dismissal also does not prejudice the debtor's ability to file a later petition — except as provided in section 109(g), which can bar refiling in certain situations.
(b) Unless the court, for cause, orders otherwise, dismissing a case (other than one dismissed under section 742) does the following: (1) It reinstates: (A) any proceeding or custodianship that had been superseded under section 543; (B) any transfer* that had been avoided under section 522, 544, 545, 547, 548, 549, or 724(a), or preserved under section 510(c)(2), 522(i)(2), or 551; and (C) any lien that had been voided under section 506(d). (2) It vacates any order, judgment, or transfer ordered under section 522(i)(1), 542, 550, or 553. (3) It "revests" the property of the estate — meaning ownership returns to whoever held that property immediately before the bankruptcy case began.
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.
Unless the court, for cause, orders otherwise, a dismissal of a case other than under section 742 of this title—
reinstates—
any proceeding or custodianship superseded under section 543 of this title;
any transfer* avoided under section 522, 544, 545, 547, 548, 549, or 724(a) of this title, or preserved under section 510(c)(2), 522(i)(2), or 551 of this title; and
any lien voided under section 506(d) of this title;
vacates any order, judgment, or transfer ordered, under section 522(i)(1), 542, 550, or 553 of this title; and
revests the property of the estate in the entity* in which such property was vested immediately before the commencement of the case under this title.
Source credit: (Pub. L. 95–598, Nov. 6, 1978, 92 Stat. 2569; Pub. L. 98–353, title III, § 303, July 10, 1984, 98 Stat. 352; Pub. L. 103–394, title V, § 501(d)(6), Oct. 22, 1994, 108 Stat. 4144.)
- 1978Enacted · Pub. L. 95-598 · 92 Stat. 2569
- 1984Amended · Pub. L. 98-353 · 98 Stat. 352
- 1994Amended · Pub. L. 103-394 · 108 Stat. 4144
A history note hasn’t been published yet. The record shows enactment by Pub. L. 95-598 on 1978-11-06.
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