Summary:
Carlos Andre Jackson, a pro se debtor, inexplicably filed a full-blown Chapter 11 without a lawyer in March 2024. The filing was defective from the start: he failed to complete prepetition credit counseling (violating § 109(h)), filed incomplete schedules, didn’t comply with § 343 at the § 341 meeting, and missed reporting deadlines. Despite numerous continuances and leniency from the court, he never retained counsel or cured the deficiencies.
On June 11, 2024, the bankruptcy court dismissed the case with prejudice and barred Jackson from refiling for 180 days from that date, citing bad faith and likely refiling. Jackson appealed, but the Fourth Circuit dismissed the appeal for lack of jurisdiction.
Commentary:
Here’s the catch: the 180-day bar expired on December 8, 2024. Since the court didn’t tie the bar to the outcome of appeals, the restriction appears to have lapsed—even though Jackson was still litigating in mid-2025.
Takeaway: While the court aimed to curb abuse, it could have extended the bar through the conclusion of appeals. As it stands, Jackson may now be eligible to refile—though any new case would certainly face serious scrutiny. That said, any creditors that have slept on their rights (since there was no stay pending appeal) for more than a year, so perhaps Mr. Jackson could propose, with the assistance of counsel, a Chapter 13 case.
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