Can a Bankruptcy Court Impose Refiling Bar if a Debtor Files Four Consecutive Bare-Bones Bankruptcy Cases to Stop a Foreclosure Proceeding?

Yes. In a recent decision, a North Carolina Bankruptcy Court imposed a one (1) year bar on the debtor’s ability to refile their case. The court imposed this bar where the debtor had filed four (4) consecutive bare-bones bankruptcy cases in order to stop a foreclosure proceeding. The court noted that all of the “bare-bones” cases were dismissed and relied on the public policy concern of abusing the bankruptcy law.

In re Stockwell, 579 B.R. 367 (Bankr. E.D. N.C., Dec. 21, 2017)

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