Bankruptcy Law Questions? Ask a Bankruptcy Lawyer Now.
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When the new bankruptcy laws were enacted in 2005, one of the goals was to discourage repeat filers. However, people file time and time again and are called "Duplicate Filers", but there really is no set number of times that is a person can file before they automatically will be precluded from filing again. Generally, you will see that judges may issue sanctions against repeat filers if they are filing and dismissing time and time again within a short period of time. If this happens, the judge may issue an order with sanctions disallowing the debtor to file again for a set amount of time. But as long as no abuse of the process is found and there is no fraud involved, debtors may file time and time again. Of course, the automatic stay is another issue. If you have one bankruptcy that is dismissed with one year of filing a new one, your attorney will have to file a motion to continue the automatic stay. If a debtor has had more than one bankruptcy dismissed within a year of filing a new case, there is no automatic stay and the attorney will have to file a motion to impose the automatic stay. I hope this helps.
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