Mains v. Foley, Nos. 1:11-CV-456, 1:11-CV-740, 2012 WL 612006, at *7–*8 (W.D. Mich. Feb. 24, 2012) (Jonker)

Three-year bar to refiling at dismissal of debtor’s third case was too severe. “Though the question is close, the Court believes the three year bar on refiling the Bankruptcy Court imposed on Debtors reflects an abuse of discretion on this record. . . . [A] three year bar is longer than that typically imposed as a sanction . . . . There was no false statement by Debtors. There was no concealment of any kind by Debtors. . . . Our common law process depends on robust engagement of the issues, and an extreme sanction of closing the Courthouse doors for three years ought to be reserved for only the most extreme sorts of misconduct that distort the litigation process through lying, cheating or other abuses, rather than for advancing legal theories that have support in law but are simply rejected on the merits.”

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