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Re: Zorax post# 378878

Saturday, 07/04/2020 7:27:50 PM

Saturday, July 04, 2020 7:27:50 PM

Post# of 380514
FatAssFoley wouldn't file bankruptcy until the minute before...

He can't possibly be that stupid. This is old cursory knowledge someone like Shaj would have to weigh in on, but IIRC the automatic stay normally becomes immediate upon filing, so it would benefit the male Foley criminal to wait until the last second and, as a result, extend the stay as long as possible.

As far as I know, none of the Foley criminal's BK attempts have been successfully discharged, so under normal circumstances, he or she can refile forever into infinity, as no time penalties apply.

The male criminal Foley's last one was dismissed 12/19/19, so he's already past the 180 day bar as far as that goes.

IIRC, there is limitation on the automatic stay to 30 days if within the past year the last BK filing resulted in a dismissal, or no stay if there were two dismissals within that year period. Might only apply to Chapter 7 though, I don't remember.

I also don't remember what - if any - filings to lift the automatic stay were filed by creditors. I know the judge in male criminal Foley's last case did some interesting opinions when dismissing female criminal's case recently, I just can't remember exactly how those decisions impact the Foley families abilities to seek protection going forward. I also can't remember if the judge somehow attached a decision impacting their individual ability to file without restrictions - IIRC he "might" have, in which case they are screwed.

Shaj knows all. If and when he has to impart his wisdom on this, we'll all know the 411.