§ 1328

McDow v. Sours (In re Sours)

Chapter 13 trustee filed a motion pursuant to Fed. R. Civ. P. 12(c), as incorporated into bankruptcy proceedings through Fed. R. Bankr. P. 7012, for judgment on the pleadings in his complaint, which objected to debtors'discharge pursuant to 11 U.S.C. § 1328(f).
Ruling: 
Objection to discharge sustained as chapter 13 case was filed less than four years after discharge in converted chapter 7 case.
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In re West

The chapter 13 trustee objected to confirmation of the debtor's proposed chapter 13 plan. The issue raised by the objection was the proper interpretation of 11 U.S.C. § 1328(f), specifically, whether the time period was measured from the date the discharge was received in the prior case, or from the date the prior case was filed.
Ruling: 
Debtor was eligible for chapter 13 discharge where prior chapter 13 case was filed more than two years earlier.
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Burrell v. Town of Marion (In re Burrell)

Appellant chapter 13 debtor filed an adversary proceeding against appellee town, seeking, inter alia, a determination that her obligations for postpetition interest on real estate taxes and prepetition water charges were discharged when her amended chapter 13 plan was confirmed. The Bankruptcy Court for the District of Massachusetts granted the town summary judgment. The debtor appealed.
Ruling: 
Tax lien for prepetition real estate and water taxes was discharged upon completion of plan.
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In re Bateman

In separate bankruptcy cases, a trustee moved to dismiss debtors'cases on the ground that the debtors could not receive discharges under 11 U.S.C. § 1328(f) and thus were not eligible to be debtors.
Ruling: 
Motion to dismiss was denied since debtors met eligibility requirements under section 109 even though they were not eligible for discharge.
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In re McGhee

The debtors filed a motion for clarification of as to how 11 U.S.C. § 1328(f), added to the Bankruptcy Code by the Bankruptcy Abuse Prevention and Consumer Prevention Act of 2005, affected their ability to receive a discharge in their chapter 13 case.
Ruling: 
Court ruled that section 1328(f) allowed debtors to file for chapter 13 protection, but debtors could not obtain discharge since four years had not passed since prior chapter 7 case.
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Colorado Judicial Department v. Sweeney (In re Sweeney)

Appellant debtors sought review of a decision of the Bankruptcy Court for the District of Colorado, which concluded that a restitution debt awarded in juvenile delinquency proceedings was nondischargeable under 11 U.S.C. § 1328(a)(3).
Ruling: 
Court reversed finding that restitution debt awarded in juvenile delinquency proceeding was nondischargeable since under state law the juvenile proceeding was not criminal in nature.
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In re Walton

Respondent creditor objected to the confirmation of petitioner debtor's chapter 13 plan on the ground that it contained an illegal plan provision seeking to discharge her student loans.
Ruling: 
Court struck illegal plan provision that attempted to pay down student loan debt principal first then the remainder second and directed deb tor to submit a plan without such provision.
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Foster v. Onyx Inv. L.L.C. (In re Foster)

Plaintiff discharged bankruptcy debtors reopened their bankruptcy case and brought an adversary proceeding against defendant creditor, an assignee of a predecessor in interest, seeking to enjoin the creditor from attempting to enforce its lien against their real property on the ground that the lien was stripped and the underlying debt was discharged. The debtors and the creditor cross- moved for summary judgment.
Ruling: 
Creditor's attempt to revoke the debtor's discharge based on alleged fraud was untimely since the creditor's attempt did not relate back to an earlier foreclosure action.
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Belton v. Educ. Credit Mgmt. Corp. (In re Belton)

Plaintiff debtor filed an adversary proceeding against defendant creditor to determine the dischargeability of certain student loan obligations pursuant to 11 U.S.C. § 523(a)(8). The court previously ruled that the debtor had failed to prove undue hardship. The only issue was whether the collection costs were also nondischargeable, even though the creditor chose not to claim these collection costs for purposes of a distribution in chapter 13.
Ruling: 
Collection costs associated with a student loan debt previously deemed nondischargeable was also deemed nondischargeable.
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In re West

A secured creditor filed a motion to allow untimely filing of a proof of claim in a debtor's chapter 13 case, arguing that as it had not been listed on the debtor's schedules, it had not received timely notice of the bankruptcy filing.
Ruling: 
Debtor's pre-petition county property taxes were not dischargeable since the taxes were not listed in the debtor's chapter 13 plan.
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