Refile Your Bankruptcy Case
I had a client the other day that is nervous about re-filing her case. She had to re-file because her cars were in danger of being picked up. She was in a previous bankruptcy with a spouse and they decided to get a divorce. He wasn’t willing to pay his share, so she decided to let the case get dismissed and re-file on her own. She had originally filed back in 2003 and she was only about 2 years away of being complete. People become bitter when they go through a divorce. They decide that they don’t want the other spouse to receive the benefit of them receiving a discharge on the debt, from the primary person making the payments. I see many times that people decide to let their case get dismissed to re-file for that reason. Since her case was dismissed within the last year, we also had to file a motion to extend stay and explained it to her how that works and not to be nervous and that she had a good reason for re-filing her case. Explained the purpose is to catch people who are abusing the system to benefit them and prevent a creditor from taking their house or their car. There is nothing that you have to worry about when you re-file when you re-file in good faith and that is exactly what she did.
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