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I am a creditor in a bankruptcy case. This is the second time debtor has filed?

f s asked:


How many times can a debtor file bankruptcy to avoid paying debt they owe? They have not made any payments under either bankruptcy. I filed a relief of stay.

Kenneth

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This entry was posted on Tuesday, July 21st, 2009 at 7:10 am and is filed under Debt Relief. You can follow any responses to this entry through the RSS 2.0 feed. Both comments and pings are currently closed.

3 Responses to “I am a creditor in a bankruptcy case. This is the second time debtor has filed?”

  1. wartz Says:
    July 24th, 2009 at 12:19 pm

    Charlene

    Form your description, I am presuming the debtor has filed a Chapter 13 repayment plan. If the first case was dismissed it is as though it never happened.

    You cannot get a relief from the bankruptcy stay unless the debtor has some collateral you want to repossess and that collateral has no equity cushion. Permission to continue your collection efforts outside of the control of the court is not going to happen.

    If you think the debtor has no intention of meeting the terms of his plan and you can prove it you can move to have the case dismissed. The more times he files, the more likely he is just stalling.

  2. Lesley Says:
    July 25th, 2009 at 2:14 pm

    Donna

    What type of bankruptcy case is? Are you a secured creditor? Was the first one dismissed or discharged? And when?

    Assuming it was dismissed and they filed again, your stay stops in 30 days (if they filed within a year of a previous one). The next time they file if they get dismissed within a year, there is no stay. I suspect they are trying to buy time. Many times repeat filers will be barred from filing again for 6 months after the dismissal (but a creditor has to ask for this).

    You really should talk to an attorney as bankruptcy motion practice is very specific and some judges give no leeway to any deviations to the rules.

  3. chey_one Says:
    July 25th, 2009 at 10:40 pm

    Tony

    unfortunately - multiple times.

    In fact - a debtor can file a #7, be discharged & immediately file a #13! As a creditor also, I learned that one the hard way.

    There does have to be either 6 or 7 years between chapter 7 petitions though I believe.

    Lift of stay is probably a good move. At least you can repo then - if and after it is granted.

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