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Rule 4004(c)(2)

In re Rich

Ruling
Entry of discharge delayed for up to one year to avoid collection of taxes that would ultimately be paid in full by the estate.
Issue(s)
Should the bankruptcy court defer debtors' discharge where they owed nondischargeable taxes, which would be paid when a final distribution is made upon case closure?

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Consumer opinion summary, case decided on January 15, 2015 , LexisNexis #0216-104

In re Ross

Ruling
Debtors could not vacate chapter 7 discharge to proceed under chapter 13 given failure to file motion to defer discharge.
Procedural posture

The debtors filed an ex parte motion to vacate their chapter 7 discharge so that they could proceed through chapter 13.

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Consumer opinion summary, case decided on February 20, 2013 , LexisNexis #0713-136

In re Roderick

Ruling
Motion to defer discharge pending lender's decision whether or not to allow modification granted.
Procedural posture

Debtors intended to reaffirm their mortgage and were negotiating with their mortgage lender for modification of the mortgage loan terms. After the debtors' discharge was deferred several times to allow the negotiations to continue, the debtors again moved to defer discharge under Fed. R. Bankr. P. 4004(c)(2) pending a decision by the lender whether a loan modification would be granted.

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Consumer opinion summary, case decided on March 08, 2010 , LexisNexis #0510-030