3rd BK filing in one year and wage garnishment
Posted: Tue Dec 13, 2011 9:34 pm
Holly,
no stay, unless you use (B), underlined below,but relief will come when the discharge is issued.
or joint case is filed by or against a debtor who is an individual under this title,
and if 2 or more single or joint cases of the debtor were pending within the previous year but were dismissed,
other than a case refiled under section 707(b), the stay under subsection (a) shall not go into effect upon the
filing of the later case; and
t shall promptly enter an order confirming that no stay is
in effect;
the filing of the later case, a party in interest requests the court may order
the stay to take effect in the case as to any or all creditors (subject to such conditions or limitations as the court
may impose), after notice and a hearing, only if the party in interest demonstrates that the filing of the later
case is in good faith as to the creditors to be stayed;
bparagraph (B) shall be effective on the date of the entry of the order
allowing the stay to go into effect; and
graph (B), a case is presumptively filed not in good faith (but such
presumption may be rebutted by clear and convincing evidence to the contrar
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