Multiple filings days before a lien sale. The paper work never goes through, but the lien sale has to stop because of the filing. The filings occur every 3 or so months and has been happening every time the lien sale comes up. What is the penalty for doing such a thing, and how can it be stopped in California? Is this the right forum? If not, can you point me to it?
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Multiple filings for bankruptcy? Have you filed a motion to lift the automatic stay?Filed Consumer Chapter 7 12/18/08
341 meeting 1/15/09
No-asset distribution report filed 1/20/2009
Discharged 3/23/09
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You need to flesh this out a little.
What do you mean the paperwork never goes through? There are reams of paperwork involved in filing for bk. You can't get a filing number and protection under the automatic stay unless something is filed.Comment
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I am guessing this is what you mean:
John Doe files an emergency petition to get the automatic stay, to stop the sale. Does not follow thru with payment to the court or filing the rest of the paperwork, so it gets dismissed.
John Doe repeats the process every so often, to stop the sale.
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My understanding is that the automatic stay is ONLY in effect for the first filing, that repeat filings within 6-12 months do not offer the full stay benefit. I believe this was something changed in the 2005 overhaul, to prevent this type of abuse. Ultimately the BK court can also impose an injunction to prevent the person from filing again for X months.
Contact an attorney, see what needs to be filed in order to continue with the sale.Get mortgage modified: DONE! 7 months of back interest payments amortized, payment reduced over $200/mo
(In the 'planning' stage, to file ch. 13 if/when we have to.)Comment
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