Legal

Ask a Lawyer and Get Answers to Your Legal Questions

Ask a Lawyer,
Get an Answer ASAP!

Legal
This answer was rated:

If a debtor in a chapter 11 files a motion to dismiss their…

If a debtor in a...
If a debtor in a chapter 11 files a motion to dismiss their bankruptcy case, and if the motion is granted by the bk court, when can the same debtor file for a new bankruptcy case? I am looking to understand how a debtor can be stopped from abusing the bankruptcy system to stall a pending trial which is scheduled outside of bankruptcy court.
Show More
Show Less
Ask Your Own Legal Question
Answered in 5 minutes by:
1/3/2018
Legal Eagle
Legal Eagle, Lawyer
Category: Legal
Satisfied Customers: 8,368
Experience: Licensed to practice before state and federal court
Verified

Hello! I am a licensed attorney, admitted to practice in state and federal court. I have a nearly 100% satisfaction rating (click here for more info) so all that means is that you can count on me to help today. Are you aware whether the motion was dismissed with prejudice or without prejudice at all?

Ask Your Own Legal Question
Customer reply replied 1 month ago
the motion to dismiss is pending (no ruling by the bk judge yet)

I understand. Thank you for providing that information. A person can reapply for bankruptcy if the first case is dismissed. In Ch.11, if the case is liquidating all, or nearly all, of th eassets and no business is being conducted after the finishing of the plan, then they must wait at least 8 years to refile. Otherwise, there is no time limit.

Did you have any other questions at all for me?

Ask Your Own Legal Question
Customer reply replied 1 month ago
here is the situation: I am part of a creditor group and the debtor is in a lawsuit with us. the lawsuit was stayed upon filing bankruptcy, but we were able to get the stay lifted to allow our case to continue. Our trial for our lawsuit is set and the debtor in a chapter 11 just filed a motion to dismiss recently. There has not been any plan for reorganization filed prior to the debtor filing their motion to dismiss.We are concerned that if the ch. 11 debtor gets his bankruptcy case dismissed, he will simply file a new bankruptcy case before our trial date as another stall tactic. The debtor's bankruptcy attorney has communicated to the creditors that the debtor has a 6 month window before he can refile a bankruptcy case...From what you wrote above, because this bk has no liquidation and is not a business (the ch. 11 debtor is a person), are you saying they could file a new bankruptcy case the day after the case gets dismissed???

Unfortunately, the Bankruptcy Code does not expressly bar a company from filing a second Chapter 11 immediately after the first one is dismissed unless there was a complete liquidation. Chapter 11 cases can be refiled absent some court order that prohibits them from filing. You may need to be prepared to go through the same machinations you did previously. However, it's really important to look at what is on the dismissal order. The judge may find authority that prohibits a refiling and without understanding the full extent of the bankruptcy case, I couldn't tell you with 100% certainty whether this would happen; however, the judge will be the final decision maker. Be prepared to resubmit your relief from stay if necessary if he files again. I'm very sorry.

did you have any other questions for me regarding this?

Ask Your Own Legal Question
Customer reply replied 1 month ago
can you point me to any legal statute that covers this for Maryland? Also, i just read to pending proposed order filed by the ch. 11 debtor...the order does not specify if the debtor's request to dismiss the ch. 11 case would be with or without prejudice.....the proposed order document filed with the motion to dismiss simply says that the debtor requests the bk court to dismiss the case.

Unfortunately, because the BK code doesn't govern this exactly, there isn't a code that's going to say definitive that they can or can't do this. Because it doesn't expressly say that a person can't, a judge will treat this as the legislature's way to permit people to refile as soon as possible. If there is no indication on whether it is with or without prejudice, then I would prepare for someone to refile not long too much longer from now.

Ask Your Own Legal Question
Customer reply replied 1 month ago
how can a creditor stop a debtor from abusing the bankruptcy process??

If they refile, then you would have to ask the bankruptcy court to dismiss the action with prejudice on the grounds that the person may be abusing this process. You could argue that it is not the intent of the legislature to allow people to serially file for bankruptcy if they have no interest in protecting what remaining little assets they have left, but are only doing so to avoid paying back legitimate claims.

If you have an attorney, I would hire one so they may be able to help you figure out the best way to request a motion to dismiss the claim, but keep in mind that it is up to the bankruptcy judge to make the final decision.

Did you have any other questions for me at all?

Legal Eagle
Legal Eagle, Lawyer
Category: Legal
Satisfied Customers: 8,368
Experience: Licensed to practice before state and federal court
Verified
Legal Eagle and 87 other Legal Specialists are ready to help you
Ask your own question now
Was this answer helpful?
Ask Legal Eagle Your Own Question
Legal Eagle
Legal Eagle
Legal Eagle, Lawyer
Category: Legal
Satisfied Customers: 8,368
8,368 Satisfied Customers
Experience: Licensed to practice before state and federal court

Legal Eagle is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it.

LeeMichigan

< Previous | Next >

Meet the Experts:

Tina

Tina

Lawyer

8,775 satisfied customers

JD, BBA Over 25 years legal and business experience.

Ely

Ely

Counselor at Law

24,353 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

INFOLAWYER

INFOLAWYER

Attorney

20,727 satisfied customers

Licensed attorney helping individuals and businesses

JPEsq

JPEsq

Attorney

2,132 satisfied customers

Experience as general attorney, in house counsel, SSDI, Family Law attorney, and law professor

Law Educator, Esq.

Law Educator, Esq.

Attorney

42,358 satisfied customers

JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law

Ellen

Ellen

Lawyer, Consultant

8,238 satisfied customers

25 years of experience helping people like you.

Guillermo J. Senmartin, Esq.

Guillermo J. Senmartin, Esq.

Attorney

292 satisfied customers

7+ years of experience handling various legal matters.

< Previous | Next >

Related Legal Questions
I a divorce in NY can I file a motion to dismiss if I have
I a divorce in NY can I file a motion to dismiss if I have not been notified that a RJI was filed and the preliminary conference date set then changed by the plaintiff's attorney. The clerks docket ha… read more
Ray
Ray
Lawyer
Doctoral Degree
31,355 satisfied customers
Can a defendant file a motion to dismiss in a domestic
Can a defendant file a motion to dismiss in a domestic relation cas in Alabama … read more
Legal Eagle
Legal Eagle
Lawyer
8,368 satisfied customers
A procedural question - federal court and the filing of
A procedural question - federal court and the filing of amended complaints. When a judge has not yet ruled on your leave to file a SAC, and you might wish to replace the proposed SAC with a Second Ame… read more
Damien Bosco
Damien Bosco
3,652 satisfied customers
If a case is removed from state court to federal court, then
If a case is removed from state court to federal court, then remanded back to state court, by the judge, and there is a federal question involved, can the defendant seek a dismissal on grounds of the … read more
Legal Eagle
Legal Eagle
Lawyer
8,368 satisfied customers
I filed a motion to dismiss under 12 6 and 12 5,, the judge
I filed a motion to dismiss under 12 b 6 and 12 b 5,, the judge denied the motion on 12 b 6, however, stated that the plaintiff serve or file proof of service by a certain date. The plaintiff did neit… read more
Law Educator, Esq.
Law Educator, Esq.
Attorney
Doctoral Degree
42,358 satisfied customers
Federal court. If judge issued an Order for a case status
Second opinion] Federal court. If judge issued an Order for a case status report "no later than 7 days" from 12/27/2017, what is the latest possible date and hour to respond? And what happens if that … read more
Amadeo Rivera
Amadeo Rivera
JD
84 satisfied customers
Can you tell me how to respond to a motion to dismiss I am
please can you tell me how to respond to a motion to dismiss I am the plaintiff … read more
Ray
Ray
Lawyer
Doctoral Degree
31,355 satisfied customers
Esq.(ONLY) Motion to dismiss the foreclosure complaint was
For Law Educator, Esq.(ONLY) Good day, Motion to dismiss the foreclosure complaint was denied. I am preparing to file objection to the foreclosure complaint base on the fact that the property is prote… read more
Law Educator, Esq.
Law Educator, Esq.
Attorney
Doctoral Degree
42,358 satisfied customers
1) I have to answer a motion to dismiss where I am the
Second opinion] Hello 1) I have to answer a motion to dismiss where I am the Plaintiff in US District Court. Will the judge grant me an extension to answer past the 21 days if I request it, if so what… read more
socrateaser
socrateaser
1,031 satisfied customers
If a person filed a motion to dismiss a bankruptcy case and
If a person filed a motion to dismiss a bankruptcy case and that point of the motion was clarified. Can a bankruptcy be dismissed because that person brings up other points in court that were not on t… read more
Legal Eagle
Legal Eagle
Lawyer
8,368 satisfied customers
I filed a motion to dismiss on the grounds of res judicata.
I filed a motion to dismiss on the grounds of res judicata. I am still involved in the case as it is set for trial in December. In 1998 I was tried for inoperable vehicles on my business property. I w… read more
TJ, Esq.
TJ, Esq.
Juris Doctor (JD)
11,298 satisfied customers
After failing to schedule my "Expedited Motion to Dismiss
After failing to schedule my "Expedited Motion to Dismiss for Lack of Standing" for over a year, the judge finally scheduled a hearing on this motion as well as the plaintiff's newly briefed Motion to… read more
Law Educator, Esq.
Law Educator, Esq.
Attorney
Doctoral Degree
42,358 satisfied customers
What is a Notice of Lack of Prosecution, Motion to dismiss
What is a Notice of Lack of Prosecution, Motion to dismiss for Lack Of Prosecution, Notice of Hearing and Self Executing Order of Dismissal mean … read more
Barrister
Barrister
Attorney/Landlord/Realtor
Doctoral Degree
35,800 satisfied customers
Looking for a sample of a motion to dismiss in northampton
Looking for a sample of a motion to dismiss in northampton county pa in a civil case over a contract. Statue of limitations and res- judicada.… read more
KLAW
KLAW
Juris Doctorate
1,848 satisfied customers
Looking for example of a motion to dismiss in PA on Statue
Looking for example of a motion to dismiss in PA on Statue of Limitations. Civil Complaint.… read more
Bill Attorney
Bill Attorney
law
1,737 satisfied customers
The judge denied defendants motion to dismiss but is
The judge denied defendants motion to dismiss but is allowing a reconsider I have to reply on.Is there possibly a law that states even if a commercial truck thinks they even just hit an existing potho… read more
Ray
Ray
Lawyer
Doctoral Degree
31,355 satisfied customers
In a motion to dismiss in the State of PA. Do you have
In a motion to dismiss in the State of PA.Do you have request a hearing on this matter or can it be a brief?I have filed motions for extensions in motions court and did not have to schedule anything, … read more
Legal Eagle
Legal Eagle
Lawyer
8,368 satisfied customers
If the federal court grants a party's motion to dismiss with
If the federal court grants a party's motion to dismiss with leave to amend, and the amended pleading contains the same or new deficiencies, can the party file a second motion to dismiss?… read more
Andrew
Andrew
Attorney
Juris Doctorate
211 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x