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    Help repeat filer notation

    Filed chapter 7 on 6/17/20 and this showed up on pacer I filed a chapter 13 2015 cant remember for the life of me but something happened and my attorney told me to let it get dismiss and refile which I did . Long story short wife got very sick had a autistic son left my job to take care of her and him. Unable to make payments so it was dismissed. She has since passed not long after. So does this mean I cant do a chapter 7? I am a nervous wreck. My attorney is off on Fridays and on vacation next week. Paralegal hasn't a clue. Can anyone please let me know what will happen?

    Repeat Filer(s): Previous case number(s) for GAMB case XX-XXXXX filed on 04/29/2016, Dismissed, Terminated on 11/23/2018; GAMB case XX-XXXXX filed on 05/05/2015, Dismissed, Terminated on 04/19/2016; FLNB case XX-XXXXX filed on 02/02/2012, Discharged, Terminated on 05/17/2012. (XXXXXXX) (Entered: 06/18/2020)
    Last edited by justbroke; 06-20-2020, 09:44 AM. Reason: [moderator removed personally identifying information]

    #2
    First, Welcome to BKForum.

    It's just a notation to make sure that you haven't done any repeat filing -- ending in a dismissal -- within a certain period of time (typically a year). Also, they need to know if you ever had another case that received a discharge. The key will be under what chapter you received your 2012 case; looks like a Chapter 7 because of the date.

    So I think you're okay. Since your 2015 and 2016 cases were both dismissed, having not received a discharge, you are eligible to receive a discharge in a Chapter 7. This is because your last discharge was more than 8 years from filing date to filing date.

    Please know that the Trustee will likely ask you about these multiple filings and dismissals. Whether or not it gives rise to any concern for the Trustee is too fact-specific (and debtor-specific). Right now, these are just notations.

    (These notations are really to determine whether or not the automatic stay applies and/or whether or not you can receive a discharge under this chapter of bankruptcy. For a Chapter 7 case, you must be 8 years from the last case filed in which you received a discharge. You are okay for that test. The second is that the automatic stay automatically ends for "certain" serial filers. I don't think you meet the serial filer issue. In serially filed cases, the automatic stay automatically ends 30 days after filing -- or never exists for egregious serial filers -- when multiple cases are filed within 1 year. That is not the case here.)
    Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
    Status: (Auto) Discharged and Closed! 5/10
    Visit My BKForum Blog: justbroke's Blog

    I am not an attorney. Any advice provided is not legal advice.

    Comment


      #3
      There is some additional information - additional from the post on the other forum. On the other forum I questioned whether or not you had waited 8 years from the filing date of your 2012 case. Apparently you file the 2012 Chapter 7 in February, 2012. As a result, assuming all goes well, you are eligible for a discharge in this June, 2020 case.

      You still need to amend the Petition to list all bks filed within the past 8 years. Remember, you signed the Petition under penalty of perjury. Question 9 of the Petition was not truthfully answered. You need to correct the record.

      Des.

      Comment


        #4
        jeff68983 I'm posting this because maybe you aren't subscribed to thread updates. Both Des and I have responded to your inquiry on this thread.
        Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
        Status: (Auto) Discharged and Closed! 5/10
        Visit My BKForum Blog: justbroke's Blog

        I am not an attorney. Any advice provided is not legal advice.

        Comment


          #5
          All the bankruptcies where included in the filing. The filing has the two chapter 13 cases with case number and dates as well as the chapter 7. There is nothing to amend that I know of. It was answered and included looking at my paperwork as I am answering

          Originally posted by justbroke View Post
          jeff68983 I'm posting this because maybe you aren't subscribed to thread updates. Both Des and I have responded to your inquiry on this thread.
          Originally posted by despritfreya View Post
          You still need to amend the Petition to list all bks filed within the past 8 years. Remember, you signed the Petition under penalty of perjury. Question 9 of the Petition was not truthfully answered. You need to correct the record. Des.
          Last edited by justbroke; 06-20-2020, 10:30 AM. Reason: moderator fixed some quoting only

          Comment


            #6
            If you disclosed your prior filings on the Petition then there is nothing for you to do. The electronic filing system, which is a national database, picks up on all prior bks under a particular SS number and makes a general entry on the docket. This assists others in determining if you are entitled to a discharge. This is standard stuff.

            Des.

            Comment

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