Background:
- Debtor filed a Chapter 13 Bankruptcy case in 2016
- The case was dismissed because it did not offer a Plan that was feasible to repay his debts.
- Also, the debt limits exceeded the debt limitations in a Chapter 13.
- The Court determined that the case was not submitted in good faith, was filed to hinder, delay, or frustrate creditors and avoid foreclosure efforts and not for a proper bankruptcy purpose.
- Court barred Debtor from refiling for 1 year.
- Debtor filed another Chapter 13 bankruptcy case in September of 2019.
- The same exact circumstances were present; the Debtor exceeded the debt limitations.
- The Debtor’s salary listed in his schedules would not even come close to repay the arrearages yet alone the other creditors.
- Debtor wanted to object to the findings which were the same as 2016 and proceed with his Chapter 13 Case.
Court Ruling:
- It was clear that the case was filed again to frustrate creditors from exercising their non-bankruptcy law rights to foreclose.
- Since a 1-year bar to refiling did not deter the Debtor from further abuse, Court now imposed a 3-year bar.
You cannot abuse the bankruptcy process and play games with the Court. You must be a sincere Debtor looking for financial assistance through bankruptcy.
