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Swearingen-El v. Cook County SheriffDept

Oct
16
2006
Ruling
Debtor could pursue unscheduled civil rights action after conversion from chapter 7 to chapter 13.
Procedural posture

Three days after filing a pro se chapter 7 bankruptcy petition, plaintiff filed a suit against defendants, an Illinois county, the county's sheriff's department, the county sheriff, and three other persons, alleging tort claims as well as employment discrimination and constitutional claims under Title VII of the Civil Rights Act of 1964 and 42 U.S.C. §§ 1981 and 1983. Defendants moved to dismiss the suit pursuant to Fed. R. Civ. P. 12(b)(1) and (6).

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opinion summary, case decided on October 16, 2006 , LexisNexis #1206-101
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In re Habash

Jan
09
2006
Ruling
Proceeding for revocation of discharge properly dismissed as untimely where creditor should have been capable of filing within time limits.
Procedural posture

Appellant creditor filed an adversary complaint to revoke appellee debtor's chapter 7 discharge in the bankruptcy court. The bankruptcy court dismissed the complaint with prejudice and the creditor appealed.

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opinion summary, case decided on January 09, 2006 , LexisNexis #0207-102
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