- 11 U.S.C.
Walter, In re
Jun
02
2017
Ruling
Motion to deny debtor's discharge not warranted as the four-year look back period began torun when debtor's chapter 13 case was filed rather than when their prior case was convertedto chapter 7. (Bankr. N.D. Ohio)
Issue(s)
Discharge; Where Discharge May Not be Granted; Discharge Under Chapter 7, 11 or 12
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Court
:
- 11 U.S.C.
In re Klein
Jan
29
2016
Ruling
Debtor whose prior chapter 13 case was filed more than two years earlier was eligible for a discharge.
Issue(s)
Was debtor ineligible for a chapter 13 discharge in his current case because he received a chapter 13 discharge within the two years prior to filing this case or was the two-year period to be measured from the petition date of the earlier case?
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Court
:
- 11 U.S.C.
Boukatch v. MidFirst Bank (In re Boukatch)
Jul
09
2015
Ruling
"Chapter 20" debtors could strip off wholly unsecured junior lien on primary residence.
Issue(s)
Whether "Chapter 20" debtors, debtors who had been discharged of personal liability for a home mortgage debt by receiving a chapter 7 discharge and within four years filed for chapter 13 relief, could modify the in rem rights of the holder of the mortgage debt by avoiding the lien through a chapter 13 plan, even though the debtors were ineligible for discharge pursuant to 11 U.S.C.S. § 1328(f)(1).
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Court
:
Judge or Jurisdiction information not available
In re Davis
May
29
2015
Ruling
Discharge denied where debtor had received a discharge in a prior case within four years, despite lack of timely objection.
Issue(s)
Was debtor barred from receiving a discharge within four years of a prior discharge where no timely objection to discharge had been filed?
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Court
:
- 11 U.S.C.
In re Burboa
Sep
29
2014
Ruling
Debtor could not strip off valueless lien on home in "chapter 20" case.
Issue(s)
Could debtor in a "chapter 20" case strip off a wholly unsecured lien on debtor's primary residence?
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Court
:
In re Johnson
Mar
11
2013
Ruling
Debtor not entitled to discharge in chapter 13 case filed less than four years after prior chapter 7 discharge.
Procedural posture
The court notified the chapter 13 debtors that because they had received a chapter 7 discharge in a prior case within four years of this case, it appeared that they were not entitled to a discharge in this case. The debtors responded that their earlier case had been filed under chapter 13, but was later converted to chapter 7, and urged the court to therefore not apply the no-discharge rule.
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Court
:
Leavitt v. Finney (In re Finney)
Jan
06
2013
Ruling
Confirmation reversed due to bankruptcy court error in concluding that debtor was entitled to discharge in chapter 13 case after receiving discharge in prior case converted to chapter 7.
Procedural posture
Chapter 13 trustee appealed the U.S. Bankruptcy Court for the District of Nevada's confirmation of appellee debtor's chapter 13 Plan.
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Court
:
Judge or Jurisdiction information not available
- 11 U.S.C.
In re Miller
Dec
15
2011
Ruling
Ineligibility for discharge did not deprive debtors of ability to modify unsecured second mortgages.
Procedural posture
Debtors filed separate petitions under chapter 13 of the Bankruptcy Code and proposed bankruptcy plans that stripped off wholly unsecured second mortgage liens which a bank held on each debtor's residence. The court consolidated the cases to hear a bankruptcy trustee's argument that the debtors could not strip off the second mortgages under their chapter 13 plans because they were not eligible to receive a discharge.
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Court
:
In re Gloster
Oct
13
2011
Ruling
Chapter 13 debtors who received a chapter 7 discharge and then earned sufficient income to fund plan filed in good faith and were entitled to confirmation of plan.
Procedural posture
Debtor filed a petition under chapter 13 of the Bankruptcy Code and proposed a plan for repaying her creditors that allowed her to strip-off wholly unsecured junior liens on her home. A trustee who was appointed to administer the debtor's plan filed an objection to the plan, claiming that it could not be confirmed because the debtor was not eligible under 11 U.S.C.S. § 1328(f) to have her debts discharged and had not acted in good faith.
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Court
:
In re Quiros-Amy
Sep
19
2011
Ruling
Debtors who were not eligible for chapter 13 discharge could not strip off unsecured junior liens.
Procedural posture
In separate cases, two debtors filed petitions under Chapter 13 of the Bankruptcy Code less than four years after they received Chapter 7 discharges, and they asked the court to issue an order which declared that they could strip off junior mortgages on their principal residences.
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Court
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