- 11 U.S.C.
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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Court
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