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Is there a limit to the number of times I can refile my case?

April 26, 2017Case limit refile times

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Is there a limit to the number of times I can refile my case?

1 Answer

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There is indeed. If a first (that is, the debtor is filing case #2) case is refiled with a year after a dismissal, then the automatic stay will expire 30 days after the filing unless it is extended for good cause shown. If a second case is filed within that time period (i.e. case #3 or more), the there is no stay unless the court imposes it. The debtor would need to file a motion with the court to obtain the stay.