How some people abuse CH-13 BK

Discussion in 'Credit Talk' started by John77, Jul 23, 2002.

  1. John77

    John77 Member

  2. wanabe800

    wanabe800 Active Member

    That is an interesting article, and it is very much true. I work for a secured creditor in their bankruptcy dept. I see this all the time, debtor's filing multiple bk's just to prolong the foreclosure process. It is true that there is no law limiting a debtor to how many bk's they can file. Usually though with a repeat filer our attorneys will file a Motion for Relief/Dismiss with prejudice meaning that if granted the debtor is prohibitted from filing a bankruptcy petition for 180 days from the date the bk was closed. Most judges will grant the motion in favor of the creditor with multiple filers. This way the creditor more than likely will have ample time to foreclose on the property without interuption from a bk filing.
     
  3. jambe

    jambe Well-Known Member

    Well, I don't know about these people, but I filed Chapter 13 twice, and it wasn't 180 days apart. Yes, the reason I filed was to keep my house from being forclosed on, but I had every intention of becoming current.

    The cases were both dismissed and forclosure proceeded much faster than 180 days!
     

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