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  1. #1
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    Default Can a Debtor File Chapter 7 Bankruptcy After Abusive Chapter 13 Filings

    A tenant repeatedly filed Chapter 13 bankruptcy petitions whenever he was served with eviction papers, and would later dismiss the petitions. After several rounds of this, the bankruptcy judge issued an order that stated that the tenant was barred from filing bankruptcy petitions for a year. The order does not specify Chapter 13 petitions. If the landlord proceeds with eviction proceedings, will the tenant be able to file Chapter 7 bankruptcy?

  2. #2
    Join Date
    Sep 2005
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    Default Re: Can a Debtor File Chapter 7 Bankruptcy After Abusive Chapter 13 Filings

    It's the same court, and the filing of a Chapter 7 bankruptcy involves filing a petition, so I expect that the order covers all forms of bankruptcy. For greater certainty, it would be necessary to review the order.

    That said, if no bankruptcy is pending, the landlord should be forging ahead with the eviction case -- at full speed.

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