When is Enough, Enough? Pro Se Dismissed with Extended Prejudice (and Violates Bar)

When do the facts justify a long bar to refiling over the 180-day period in § 109(g)? Sometimes it is Justice Stewart’s infamous words from Jacobellis v. Ohio, 378 U.S. 187 (1964)–“I know it when I see it.” Even so, a Trustee must provide evidence and authority to the Court for a long prejudice period.

In In re Parson 2021 WL 4483124 (September 20, 2021), Chapter 13 Standing Trustee Thomas D. Powers, Northern District of Texas (Dallas Division) did just that. Judge Michelle V. Larson’s opinion provides a . . .

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Staff Attorney to Carey D. Ebert, Standing Chapter 13 Trustee for the Eastern District of Texas (Sherman and Texarkana Divisions)

Jeff LeForce is the Staff Attorney to Carey D. Ebert, Standing Chapter 13 Trustee, Eastern District of Texas in Plano. Before becoming a Staff Attorney, Jeff was a solo practitioner and a partner in an AmLaw 100 law firm with a practice focused on commercial bankruptcy, corporate workouts and restructuring, and complex business transactions. He also clerked for the Hon. Massie Tillman, United States Bankruptcy Court, Northern District of Texas (Fort Worth Division).Jeff received a B.B.A. in Finance and Economics from Baylor University in 1991 and a J.D. from Georgetown University Law Center in 1994. He is admitted to the State Bar of Texas, all Federal District Courts in Texas, and the Fourth and Fifth Circuits of the U.S. Courts of Appeal.

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