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In the Chapter 13 bankruptcy case of Nutter, Gregory W.; In re, the bankruptcy court denied the Chapter 13 debtor’s motion to extend the automatic stay.
The details of the bankruptcy case:
“The Chapter 13 debtor and his wife were self-employed. Together, they filed for bankruptcy five times. Three of the bankruptcies were filed on the day before
a scheduled foreclosure sale of their home. The fourth case was filed by the debtor alone two months after his wife’s case was dismissed with prejudice. The debtor’s current
filing came less than one year after his preceding case was dismissed because he failed to submit an electronic funds transfer order, make plan payments, and provide the trustee with copies of tax returns and other financial information. Based on these facts, the court found that the debtor’s current case was presumptively not filed in good faith pursuant to Section 362(c)(3)(C)(i)(II).”
Filing multiple bankruptcies, especially in a short period of time can cause your case to be dismissed. And in some cases, bankruptcy judges have sanctioned debtors for filing bankruptcy in bad faith. To avoid filing bankruptcy cases that are deemed to be in bad faith, make sure that you plan to follow through with the case before filing and gather all required documents in advance.
October 19th, 2009 at 3:02 am
You must take your bankruptcy filing seriously. Most of the time A&L can effectively reorganize an individual so that they can afford their house even if they are behind several months. However, there are the few rare cases where client just cannot afford the house that they purchased. In such an instance, bankruptcy still offers a great opportunity to start over. Many times with cars you can re-purchase the exact same vehicle for much less than you otherwise would have owed. It is similar to a strong armed refinancing where the Debtor comes out ahead. GMAC is notorious for allowing such transactions.