I was wondering if there is any way to vacate or expunge prior bankruptcies that were dismissed due to not filing schedules, not filing initial credit counseling, and were basically only filed as open cases...2 Chapter 7
's and one Chapter 13
Later, after they were dismissed, no discharge and no follow-through, a lender did a 12(b)6 and/or 12(b)2 Motion to Dismiss claims due to preclusion or maybe estoppel...been awhile since I read the case.
Bottomline, Lender's stated Plaintiff did not have standing because the claims were not provided on Schedule B and used a maxim about playing both sides of the fence/field, and hiding claims from court.
Basically everything was "hidden" because Debtor did not know how to do the Schedule's/Statements, etc. and did not follow through with the Bankruptcies. Therefore, is the Defendent's Motion to Dismiss on foregoing grounds valid? All 3 cases were dismissed by the bk court for not filing aforementioned bk documents for the case(s).
Would it be wise for Debtor to ask the Bk court to Vacate or Strike Previous BK filings, and is there such a thing without re-opening the cases that went nowhere?
Thanks, XXXXX XXXXX