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In re Fenderson (Case No. 07-71222) 10/25/2007

The Court granted, in part, the United States Trustee's motion to dismiss the case with prejudice and to bar future filings insofar as it sought to prohibit any new bankruptcy petition filing by the debtor within twelve months of the date of entry of the dismissal order for this case and to impose, under 11 U.S.C. § 349(a), the condition that any new case commenced thereafter shall be with prejudice as to the debtor's liability for incurred filing fees in the current case and the two preceding cases.  Furthermore, the Court ordered that no automatic stay shall arise in any case filed in the Court after such twelve month period, but within ten years of the date of such dismissal order, unless and until all fees incurred by reason of any such filing shall have been paid in full or the debtor shall have obtained from the Court an order waiving the payment of such fees.

Date: 
Thursday, October 25, 2007
Category: 
Abusive Filings
Automatic Stay
Bad Faith
Credit Counseling
Dismissal
Res Judicata
Chapter: 
13