By Daryl J. Smith, Senior Staff Attorney to Sylvia Ford Brown, Chapter 13 Standing Trustee (Memphis, TN) Are chapter 13 serial filers abusing the bankruptcy system? Maybe or maybe not. There are many reasons debtors file multiple bankruptcy cases across the nation, including but not limited to parking tickets, court fines, utilities, lack of financial literacy, foreclosure, past due rent,...
Critical Case Comment – Carroll v. Sanders, 551 F.3d 397, 399 (6th Cir. 2008)
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Carroll v. Sanders, 551 F.3d 397, 399 (6th Cir. 2008)
A Chapter 13 debtor is precluded from receiving a discharge if the debtor received a Chapter 7 discharge in a case filed within four years of the filing of a Chapter 13 case.
Summary of the Case
Sanders filed a Chapter 7 petition on July 29, 2002 and received a discharge on February 5, 2003. On January 5, 2007, he filed a second bankruptcy petition, this . . .
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