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Law Tutor, Esq.
Law Tutor, Esq., Attorney
Category: Bankruptcy Law
Satisfied Customers: 165
Experience:  N/A
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If I dismiss my chapter 13 filing, is there any penalties

Customer Question

If I dismiss my chapter 13 filing, is there any penalties against me or limit in the number of times that I can keep dismissing?
Kindly advise.
Submitted: 11 months ago.
Category: Bankruptcy Law
Expert:  Law Tutor, Esq. replied 11 months ago.

Hello. I am an attorney with experience in multiple jurisdictions and I look forward to assisting you today. Note: (1) If you want legal advice, please consult with a local attorney before acting or deciding not to act; information given here is for educational purposes only; (2) No specific course of action is proposed and no attorney-client relationship or privilege is formed herein; and By continuing, you confirm that you understand and agree to these terms and other site disclaimers.

Please give me a few minutes to write a response and identify any additional resources for you.

Customer: replied 11 months ago.
Ok.... Thank you, ***** ***** in Los Angeles County Central Court district
Expert:  Law Tutor, Esq. replied 11 months ago.

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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Expert:  Law Tutor, Esq. replied 11 months ago.

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