How many times can you file chapter 13

[roberto1959]

My friend asked me to find out how many times you can file bk13. She is trying to save her home and also filed a Lawsuit against the Bank. She has filed 3 times (BK 13)and had had it dismissed 3 times after making 1 or 2 payments. She is trying to buy time as she gets her lawsuit ready and she is doing all this pro-se.

[OhioFiler]

I would suggest you have her sign up here and ask her own questions.

[Flamingo]

There is a pro se section in this forum for pro se filers and their questions and concerns. Filing Chapter 13 pro se can be a big challenge and it is not recommended by many people. I believe the time limit to fling a Chapter 13 after completing one Chapter 13 Plan is 7 years from the date of the initial filing. However, if there are dismissals of filings, your friend probably would do best getting legal counsel. Note also that your friend may be under more scrutiny due to multiple BK filings....best of luck...

[mountanddo]

I would suggest you have her sign up here and ask her own questions.

That's not very helpful. If he'd just asked the question himself would you have answered?

[mountanddo]

The technical answer is that you can file bankruptcy as often as you like, but you may not get the result you want, especially because of recent changes in the bankruptcy law.

A debtor cannot obtain a discharge in a Chapter 7 case if the debtor obtained a discharge in (a) a Chapter 7 case filed within the past 8 years, or (b) a Chapter 13 case filed within the past 6 years. The time periods in either case are measured from the commencement dates of the respective cases. The dates of discharge have no bearing on the disqualification.

In addition to these changes in how often a debtor can obtain a discharge in bankruptcy, Congress also enacted changes intended to reduce or eliminate the effect of the bankruptcy stay for serial filers. To oversimplify the changes, the stay will last for just 30 days if a bankruptcy case of the debtor was pending within the preceding year but was dismissed. The stay will simply not come into existence at all if two or more cases were pending within the preceding year but were dismissed. If a Chapter 7 case is dismissed for abuse and the debtor files under a new chapter (such as Chapter 13), however, the stay has its normal duration.

Notwithstanding the above, you can be barred from filing a new case for 180 days after a case is dismissed, if the dismissal (a) is because you willfully failed to abide by an order of the court or to properly prosecute the case, or (b) was at your request after a creditor requested relief from the automatic stay.

[Nicollette]

Alot of it does have to do with if they were previously dismissed with, or without prejudice.

[OhioFiler]

That's not very helpful. If he'd just asked the question himself would you have answered?

Of course. I don't think it makes a whole lot of sense to use an intermediary on these boards. If someone needs help they should come here directly. Then a dialogue is possible.

So, my comment was intended to be VERY helpful for the 3rd party inquirer. Get her signed up and we can help her directly.

You not like me?

[justbroke]

Filing bankruptcy multiple times (2 or more in a year) is nothing but trouble. It won't even help you with fending off foreclosure and other repossession actions since the Automatic Stay will not "stick". If someone is just trying to use the process for the automatic stay... they'll quickly learn -- the hard way -- that it doesn't work that way.

Additionally, filing a Chapter 13 pro se is not recommended.

This post is about someone abusing the process to fend off creditors. This is not the way to use Chapter 13 and I'm surprised that this wasn't converted to a Chapter 7 by the Trustee, or dismissed with prejudice. For these reasons, the person who is trying to do a Chapter 13 pro se, and using the process to abuse the Automatic Stay, should post themselves. This could end badly with a Chapter 7 by the Trustee with a dismissal without discharge and with prejudice!