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Roger, Attorney
Category: Bankruptcy Law
Satisfied Customers: 30908
Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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Should I file motion on this matter

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On 01/26/09 I filed Ch 13 Bankruptcy (Prose) in the US Bankruptcy Court, Southern District of Florida. On 01/30/09 A MOTION TO DISMISS WITH PREJUDICE OF FIVE YEARS was filed by the United States Trustee for Region 21, Donald F. Walton--pursuant to 28 USC 586(a).

The grounds of the filing is on the basis of serial filer.
What are my rights here?

The most likely claim is that there have not been enough years between your filings for you to qualify to file again:


In a nutshell, the time frames between discharge eligibility are as follows:


8 years between 7s. -727(a)(8)

2 years between 13s. -1328(f)(2)

4 years between a 7 and 13 -1328(f)(1)

6 years between a 13 and 7(if under 70% plan). -727(a)(9)


The time is counted from filing to filing - not from first discharge to second filing.


If you cannot comply with the timeframes, there's really nothing you can do, except wait.

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