bankruptcy debt relief
I am a creditor in a bankruptcy case. This is the second time debtor has filed.?
How many times can a debtor file bankruptcy to avoid paying debt they owe? They have not made any payments under either bankruptcy. I filed a relief of stay.
What type of bankruptcy case is? Are you a secured creditor? Was the first one dismissed or discharged? And when?
Assuming it was dismissed and they filed again, your stay stops in 30 days (if they filed within a year of a previous one). The next time they file if they get dismissed within a year, there is no stay. I suspect they are trying to buy time. Many times repeat filers will be barred from filing again for 6 months after the dismissal (but a creditor has to ask for this).
You really should talk to an attorney as bankruptcy motion practice is very specific and some judges give no leeway to any deviations to the rules.
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