Legal Question in Bankruptcy in New Jersey

Tenant filed Bankruptcy twice to avoid eviction

I have a tenant who filed bankruptcy while living in one of our townhouses she filed on 8/11/98. We received notice that it was dismissed on 5/17/99. She again filed bankruptcy on 06/11/99. Is this allowed?? Can I proceed with eviction anyway. She has not paid any current rent or her bankruptcy plan payments yet? Do I have any hope?


Asked on 7/29/99, 11:56 am

1 Answer from Attorneys
Daniel Press Chung & Press, P.C.

Re: Tenant filed Bankruptcy twice to avoid eviction

There is no generally applicable bar to refiling except that if a motion for relief from the automatic stay was filed and the case was thereafter voluntarily dismissed on the debtor's motion, the debtor cannnot refile for 180 days. Also, if the case was dismissed for the debtor's failure to obey a rule or court order, the court can impose a 180-day refiling bar.

Even with no bar, Chap. 13 requires that the plan be proposed in good faith. If you can convince the court that the refiling was in bad faith, the court can refuse to confirm the plan and dismiss the case, but that takes more than one dismissal and refiling.

You should consider filing for relief from the automatic stay. If you have not received your rent, that is sufficient grounds.

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Answered on 7/29/99, 11:53 pm


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