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	<title>Comments on: I am a creditor in a bankruptcy case. This is the second time debtor has filed?</title>
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	<link>http://www.debt--relief--blog.com/debt-relief/i-am-a-creditor-in-a-bankruptcy-case-this-is-the-second-time-debtor-has-filed</link>
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	<pubDate>Mon, 21 May 2012 04:40:49 +0000</pubDate>
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		<title>By: chey_one</title>
		<link>http://www.debt--relief--blog.com/debt-relief/i-am-a-creditor-in-a-bankruptcy-case-this-is-the-second-time-debtor-has-filed/comment-page-1#comment-1285</link>
		<dc:creator>chey_one</dc:creator>
		<pubDate>Sat, 25 Jul 2009 22:40:44 +0000</pubDate>
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		<description>&lt;a href=""&gt;Tony&lt;/a&gt;


unfortunately - multiple times.

In fact - a debtor can file a #7, be discharged &#038; 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.</description>
		<content:encoded><![CDATA[<p><a href="">Tony</a></p>
<p>unfortunately - multiple times.</p>
<p>In fact - a debtor can file a #7, be discharged &#038; immediately file a #13!  As a creditor also, I learned that one the hard way.</p>
<p>There does have to be either 6 or 7 years between chapter 7 petitions though I believe.</p>
<p>Lift of stay is probably a good move.  At least you can repo then - if and after it is granted.</p>
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		<title>By: Lesley</title>
		<link>http://www.debt--relief--blog.com/debt-relief/i-am-a-creditor-in-a-bankruptcy-case-this-is-the-second-time-debtor-has-filed/comment-page-1#comment-1284</link>
		<dc:creator>Lesley</dc:creator>
		<pubDate>Sat, 25 Jul 2009 14:14:08 +0000</pubDate>
		<guid isPermaLink="false">http://debt--relief--blog.com/debt-relief/i-am-a-creditor-in-a-bankruptcy-case-this-is-the-second-time-debtor-has-filed/#comment-1284</guid>
		<description>&lt;a href=""&gt;Donna&lt;/a&gt;


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.</description>
		<content:encoded><![CDATA[<p><a href="">Donna</a></p>
<p>What type of bankruptcy case is?  Are you a secured creditor?  Was the first one dismissed or discharged?  And when?</p>
<p>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).</p>
<p>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.</p>
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		<title>By: wartz</title>
		<link>http://www.debt--relief--blog.com/debt-relief/i-am-a-creditor-in-a-bankruptcy-case-this-is-the-second-time-debtor-has-filed/comment-page-1#comment-1283</link>
		<dc:creator>wartz</dc:creator>
		<pubDate>Fri, 24 Jul 2009 12:19:38 +0000</pubDate>
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		<description>&lt;a href=""&gt;Charlene&lt;/a&gt;


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.</description>
		<content:encoded><![CDATA[<p><a href="">Charlene</a></p>
<p>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. </p>
<p>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.</p>
<p>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.</p>
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