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In re Wilson

In re Wilson

Ruling
Debtor's chapter 13 case properly dismissed where earlier converted chapter 7 case was still pending for asset administration purposes.
Procedural posture

The court considered sua sponte whether debtor's chapter 13 case was properly dismissed. At issue was whether debtor, who had filed a chapter 13 (Case 1) that had been converted to a chapter 7 and in which a discharge had been granted but which was still pending for purposes of asset administration, was entitled to file a new chapter 13 (Case 2) despite the rule articulated by the U.S. Court of Appeals for the Seventh Circuit in In re Sidebottom.

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Consumer opinion summary, case decided on June 17, 2008 , LexisNexis #0908-071