Legal Question in Bankruptcy in California

Need help. Filed bankruptcy twice within 12 months. Last one I tried to complete but got viciously ill. Stay was removed and I have "creditors" stalking me. How can I get this put back in place. I have one one major bill. Can I file bankruptcy a third time and ask for a stay or should I ask for an injunction?

Asked on 2/22/18, 7:15 pm

1 Answer from Attorneys

Mark Markus Law Office of Mark J. Markus

There is a statutory presumption that any additional case filed within 12 months will be in bad faith, but that presumption can be rebutted by clear and convincing evidence to the contrary. You would need to file a Motion to Impose the Stay in your new case, but the Stay will not be in effect unless and until the court grants the Motion. It's a very difficult burden to overcome, but it's possible. Be sure you hire a very experienced bankruptcy attorney to represent you if you decide to file another case. You have very little chance of succeeding without an attorney.

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Answered on 2/22/18, 7:49 pm

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