Chapter 13 in Ohio

[Mavan78]

Hello All,

How many times can you file chapter 13 in a single year if your case gets dismissed.

Thanks,
Ryan

[justbroke]

The problem isn't how many times you can file, it's that you lose the automatic stay after the first filing. This is to prevent people abusing the automatic stay to stave off foreclosure, as an example. Well, how many times have you filed and been dismissed? It's an odd question but the BAPCPA rules implemented in 2005 were specifically to address debtors trying to use the bankruptcy automatic stay solely as a tool to delay or stall non-bankruptcy proceedings in other courts.

Even if you only filed once within the past 12 months, your attorney would need to do "first day motions" seeking to extend the 30-day automatic stay. If your case was previously dismissed with prejudice, the stay may not even come into affect! If your case was dismissed twice in a year, the third or subsequent filing will not even have a stay.