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§ 727(a)(9)

Gonzalez v. Torres (In re Torres)

Feb
12
2016
Ruling
Debtor whose prior chapter 13 case was commenced more than six years prior to petition date in chapter 7 case was eligible for a discharge.
Issue(s)
Was debtor entitled to a discharge in a chapter 7 case filed six years after debtor's first chapter 13 case?

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Consumer opinion summary, case decided on February 12, 2016 , LexisNexis #0316-028
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In re Ward

Nov
29
2010
Ruling
Debtor not entitled to discharge in chapter 7 case filed within six years of discharge in chapter 13 case in which less than 100 percent of allowed unsecured claims were paid.
Procedural posture

In a core proceeding, a debtor was granted a discharge under 11 U.S.C.S. § 1328(a) in a chapter 13 case filed within six years before he filed his voluntary petition for relief in the present chapter 7 case. The confirmed plan in the chapter 13 case was 36 months. The court entered a show cause order requiring the debtor to appear and show cause why he was entitled to a discharge in view of 11 U.S.C.S. § 727(a)(9).

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Consumer opinion summary, case decided on November 29, 2010 , LexisNexis #1210-093
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White v. Lewis (In re Lewis)

Aug
08
2008
Ruling
Dismissal of denial of discharge proceeding upheld.
Procedural posture

Appellant creditor challenged an order of the U.S. Bankruptcy Court for the Eastern District of Michigan, Southern Division, denying as untimely his motion pursuant to Fed. R. Bankr. P. 4004(b) for an extension of time to file an adversary proceeding objecting to discharge of debtors, a married couple.

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Consumer opinion summary, case decided on August 08, 2008 , LexisNexis #0908-028
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