- 11 U.S.C.
Armstrong v. McGinnis (In re McGinnis)
Jul
22
2011
Ruling
Discharge denied due to concealment of income.
Procedural posture
Plaintiff property tax commissioner filed an action against defendant debtor in which plaintiff sought denial of defendant's discharge under 11 U.S.C.S. § 727(a)(2)(B). Plaintiff filed a motion for summary judgment.
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Court
:
- 11 U.S.C.
In re Nicholson
May
10
2011
Ruling
Debtors not entitled to discharge in converted chapter 7 case originally filed under chapter 13 within eight years of prior discharge.
Procedural posture
Before the court was a bankruptcy trustee's motion to deny the debtors a discharge pursuant to 11 U.S.C.S. § 727(a)(8).
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Court
:
- 11 U.S.C.
United States Trustee v. Skinner (In re Skinner)
Sep
01
2010
Ruling
Eight-year discharge bar applied to chapter 13 case that was converted to chapter 7.
Procedural posture
The United States Trustee made a motion for a judgment on the pleadings pursuant to Fed. R. Bankr. P. 7012 on the basis that debtor was not entitled to a discharge in her current chapter 7 bankruptcy case under 11 U.S.C.S. § 727(a)(8) because she had a received a discharge in a previous chapter 7 case which was commenced within eight years before the date of the filing of the second petition in the instant case.
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:
- 11 U.S.C.
McGee v. McGee (In re McGee)
Jun
10
2008
Ruling
BAPCPA eight year filing bar was not impermissibly retroactive as applied to 2007 case.
Procedural posture
The U.S. Trustee filed a complaint objecting to debtors' second chapter 7 discharge, asserting that the eight year time period in 11 U.S.C.S. § 727(a)(8) precluded them from obtaining the discharge. The trustee sought summary judgment.
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Court
:
- 11 U.S.C.
In re Paley
Jun
03
2008
Ruling
Confirmation of plans denied for lack of good faith in chapter 13 cases filed less than eight years afer chapter 7 discharges.
Procedural posture
Debtors filed separate voluntary petitions for relief under chapter 13 of the Bankruptcy Code, and plans for repaying their creditors. A trustee was appointed to represent the debtors' bankruptcy estates, and she filed objections to the debtors' plans.
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Court
:
- 11 U.S.C.
Tidewater Fin. Co. v. Williams
Aug
16
2007
Ruling
Intervening chapter 13 filing did not equitably toll six-year waiting period for filing second chapter 7 case.
Procedural posture
Appellant creditor sought review of a judgment of the District Court for the District of Maryland affirming a bankruptcy court order granting summary judgment to appellee debtor in an adversary proceeding that the creditor commenced after the debtor filed a chapter 7 petition. The district court held that 11 U.S.C. § 727(a)(8) did not provide grounds for denying discharge because equitable tolling did not apply to section 727(a)(8).
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- 11 U.S.C.
McColm v. Kistler
Mar
07
2007
Ruling
Bankruptcy court properly denied discharge in converted chapter 7 case filed within eight years of prior chapter 7 discharge.
Procedural posture
Appellant debtor appealed the decision of the bankruptcy court that denied her discharge pursuant to 11 U.S.C. § 727(a)(8).
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:
- 11 U.S.C.
United States Trustees Office v. McKittrick (In re McKittrick)
Aug
24
2006
Ruling
Extension of waiting period from six to eight years was not impermissibly retroactive and barred debtor's second case in seven years.
Procedural posture
In a chapter 7 bankruptcy case, plaintiff, the United States Trustee, filed an adversary complaint against defendant debtor, seeking a determination that, per 11 U.S.C. § 727(a)(8), as amended by the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 (the 2005 Act), debtor was not eligible to receive a chapter 7 discharge.
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Court
:
- 11 U.S.C.
Tidewater Fin. Co. v. Williams
May
09
2006
Ruling
Court rejected creditor's argument that six year limitations period between debtor's chapter 7 cases should have been equitably tolled while debtor's chapter 13 cases were pending.
Procedural posture
Appellant creditor sued appellee debtor claiming that the debtor was not entitled to discharge of a certain debt in her second chapter 7 case. The creditor claimed that the six year waiting period of 11 U.S.C. § 727(a)(8) should have been equitably tolled while the debtor's intervening chapter 13 cases were pending. The bankruptcy court granted summary judgment in favor of the debtor, and the creditor sought review.
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