Bankruptcy Law Questions? Ask a Bankruptcy Lawyer Now.
Thanks for the question.
In order to understand this phrase, you have to read the entire text of (c)(4), which says:
(4)(A)(i)if a single or joint case is filed by or against a debtor who is an individual under this title, and if 2 or more single or joint cases of the debtor were pending within the previous year but were dismissed, other than a case refiled under a chapter other than chapter 7 after dismissal under section 707(b), the stay under subsection (a) shall not go into effect upon the filing of the later case; and (ii)on request of a party in interest, the court shall promptly enter an order confirming that no stay is in effect;
Basically, this means that IF a debtor has filed 2 bankruptcies that have been dismissed, and has now filed another bankruptcy, the automatic automatic stay would not be in effect AND if a creditor, trustee or party in interest files a motion to order that the stay is not in effect, the court will do so.
Is there any means of getting a third bankruptcy filing covered by the stay? Can medical situations be used?
No, not that' I'm aware.
Bear in mind that ALL of the filings must be within a year of one another in order for this provision to be relevant.
Is there a means of getting a previous filing removed from record?
Is it possible to request that a previous filing be reimplemented?
You can't have a previous filing removed.
However, it is possible to file a motion to re-open a previously filed bankruptcy, and there's generally no time limit to doing so.
Thanks so much for the tip. How do I go about filing a motion to re-open a previously filed bankruptcy?
And I would file that with my local bankruptcy court or the trustee's office?
Wow! Of all the bankruptcy attorneys I have spoken with, no one ever mentioned this. You may have saved the day. Thanks so much.
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