Monthly Archives: November 2012

Why Alex Smith of the 49ers Is a Great Example for All of Us

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Okay, so this is a Bay Area bankruptcy blog and I am writing about the starting quarterback or former starting quarterback for the San Francisco Forty-Niners. Yes, yes I am. Why you ask? Because he is showing all of us, bankruptcy lawyers and my clients included, what to do when things go wrong.

If you have not followed Alex Smith’s career let me recap his career for a moment. Alex was drafted as the first pick in the 2005 draft and when you are drafted number one high hopes follow. Anything less than a stellar performance out the gate is considered a disappointment, especially given the millions of dollars the number one pick gets paid. Well, Alex suffered under the force of six different head coaches and underwhelming leadership during each year he was the 49ers quarterback until Jim Harbaugh took over last year.

Most people would not have the mental fortitude to have withstood the six years Alex endured let alone come back to have success he had last year. Alex Smith led the 49ers to the NFC Championship Game and if not for two muffed punt returns by Kyle Williams he would have led the 49ers to the Super Bowl.

Through all of this Alex has been professional and continued to work hard and do the right things even though he was being crucified in the media. One thing that has stood out was the respect his teammates continued to give Alex no matter what though. And then after going 7-2 so far this year Alex received a concussion three games ago against the Rams. His backup Colin Kaepernick gets to finish the game and the 49ers tie with the Rams. Then Alex is not cleared medically for the next game against the Bears and the 49ers crush them and win. Alex is medically cleared to play this week but does not get the nod against the Saints. Colin gets 14 points from the Forty-Niners defense, otherwise the game is a loss, and all I hear is praise for Colin’s performance. Huh? After six miserable seasons and one in a half seasons of winning Alex now has to take a backseat to Colin Kaepernick? That is harsh, but so is real life. A lost job and bad timing purchasing a home is all it takes for everything to come crushing down.

I am from Merced, CA, so I definitely root for anyone that grew up in Turlock, CA like Colin Kaepernick, but Alex Smith needs to be recognized for setting such a great example for us all. If you have a financial or personal setback, like filing bankruptcy with a bankruptcy lawyer, YOU keep working, YOU keep trying, YOU keep moving forward no matter what happens. Alex Smith is a great example of how we should all approach personal and financial setbacks in life. So YOU Alex Smith, keep your head up and be proud. YOU are a winner in life no matter what happens on the field and we should all try and follow your example.

What Happens If I File Two or More Bankruptcy Cases?

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There are a number is issues that can arise if you file more than one bankruptcy case.  The first question is how long has it been since you filed the first bankruptcy case?  Are you filing bankruptcy under the same chapter as the first filed case?  Was the first case dismissed or did you receive a discharge in the first case?  This article focuses on the topics listed above and if you file more than one bankruptcy case under Chapter 7 or Chapter 13 of the Bankruptcy Code.  Consult bankruptcy lawyers in your jurisdiction for more information.

Bar to Filing an Unlimited Number of Bankruptcy Cases

You cannot file an unlimited number of bankruptcy cases.  The bankruptcy code provides bars to filing a bankruptcy case over and over again to receive an automatic stay and stop a foreclosure or wage garnishment.  The code provides that an individual may not be a debtor under Title 11 if in the preceding 180 days has had a case dismissed by the court for willful failure of the debtor to abide by orders of the court, or to appear before the court in proper prosecution of the case or the debtor requested and obtained the voluntary dismissal of the case following the filing of a request for relief from the automatic stay.  A bay to refilling because of either of the following two issues is rare.

Multiple Filed Cases and the Automatic Stay

The first case you file you will receive the full automatic stay stopping any and all collection activity.  If that case is dismissed for some reason and you re-file the second case within one year of the first filed case will only have an automatic stay for 30 days unless you request the bankruptcy court extend the automatic stay.  If the second case is dismissed prior to discharge again and you file a third case within a year of the other two pending bankruptcy cases then there is no automatic stay unless you ask the court to impose the automatic stay.

When Can I File Another Case and Receive a Discharge of My Debts

If you have filed and receive a discharge in a Chapter 7 or Chapter 13 case already there are limitations on when you can receive a discharge of your debts again.

8 years between 7s. -727(a)(8)

2 years between 13s. -1328(f)(2)

4 years between a 7 and 13 -1328(f)(1)

6 years between a 13 and 7(if under 70% plan). -727(a)(9)

For additional information regarding filing bankruptcy or multiple bankruptcy cases please consult a bankruptcy lawyer in your area for more information.