Thursday, May 21, 2015

Multiple Bankruptcy Filings

Bankruptcy Courts  frown upon the "serial filings" of bankruptcy cases. Serial filings involve the multiple filings of bankruptcies within a short period of time usually by related persons usually to keep stopping foreclosure sales or evictions.  In a recent case, the bankruptcy court dealt with a situation where the debtor and her husband had filed five bankruptcy cases to stall the foreclosure of their home.

Upon the motion of the mortgage lender, the Bankruptcy Court dismissed the bankruptcy case so that it could resume its foreclosure case.  In addition to just dismissing the case, the court granted the mortgage lender "prospective" stay relief which is also known as in rem relief. This stay relief attaches to the property so that a new bankruptcy filing by the Debtor or any other person will not impose an automatic stay as to the property.