In the bankruptcy case of Walker, Sedrick T.; In re, a Chapter 13 bankruptcy debtor’s case is dismissed with prejudice after the bankruptcy court determined that the debtor was attempting to abuse the system.
The details of the bankruptcy case:
The bankruptcy debtor has filed bankruptcy six times since 1994 and was filing his most recent case pro se. The bankruptcy court noted that the debtor filed bankruptcy; but failed to file a plan, plan summary or statistical cover sheet. Even after the bankruptcy trustee challenged the debtor and made the allegation that he was abusing the system, the debtor responded with only one sentence simply denying the allegations. The bankruptcy debtor also failed to attend the hearing on the bankruptcy trustee’s motion and instead sent a fax late in the day, to the wrong place asking for a continuance. Needless to say the debtor’s bankruptcy case was dismissed and the debtor is banned from filing another bankruptcy for 180 days.
I don’t know the details of this debtor’s situation; but filing six bankruptcies and failing to even follow the procedures creates an appearance of abuse. Many debtors attempt to handle their bankruptcy filings without the help of an attorney and end up flubbing their case. This debtor may have very well had a legitimate need for bankruptcy; but because he failed to follow the procedures and complete his filing, he is now unable to file bankruptcy again for 180 days which could be a financial disaster depending on the difficulties he is facing. Foreclosures , wage garnishments and lawsuits can all destroy a person’s finances without the help of bankruptcy and 180 days is more than enough time to do serious damage. If you are considering bankruptcy please take the time to consult with a bankruptcy attorney and avoid filing bankruptcy cases you don’t intend to follow through on.