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Bankr. M.D.N.C.: In re Carpenter- Dismissal following Multiple Refilings

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By Ed Boltz, 25 March, 2013
Summary: The Debtor had filed four case within nine months. The first was dismissed for failure to obtain credit counseling, although no schedules had been filed either nor had the Debtor attended the §341 Meeting of Creditors. The second case was dismissed for failure to file schedules, attend the §341 Meeting of Creditors, or make any payments. The third case was voluntarily dismissed following partial payment of the filing fee and filing of schedules, but still without attendance at the §341 Meeting of Creditors or any plan payment. The Debtor did file a Motion to impose the automatic stay, pursuant to 11 U.S.C. § 362(c)(4)(A), upon filing the fourth case, as well as a Motion for Contempt against the Forsyth County Sheriff for evicting him following the filing of the most recent case. On the motion of the Bankruptcy Administrator, the Court dismissed this case, pursuant to 11 U.S.C. § 1307(c)(1), due to “unreasonable delay by the debtor that is prejudicial to creditors.” The Bankruptcy Court also found that while 11 U.S.C. § 349(a), provides that a dismissal of a case does not bar a refiling “[u]nless the court, for cause, orders otherwise”, implicit in such restriction is the authority to bar refiling for cause. Accordingly, the Debtor was prohibited from filing another bankruptcy case for one year. For a copy of the opinion, please see: Carpenter- Dismissal following Multiple Refilings.pdf

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