The Irony of Filing a Motion to Dismiss with Prejudice

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, divorce, illness, and repossession of an automobile.

Bankruptcy provides debtors with relief and an opportunity for a fresh start by affording certain protections from creditors. Along with this protection, the debtor has a duty to comply with the . . .

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