- 11 U.S.C.
Grabowski v. AmeriCredit (In re Grabowski)
Dec
12
2011
Ruling
Chapter 13 debtors' motion to waive discharge in prior chapter 7 case denied as filed after the discharge had been granted.
Procedural posture
In a case mired in procedural confusion, a chapter 13 trustee sought to dismiss the case because the debtors were in arrears on their plan. Although the debtors did not respond to the motion, they filed a motion to waive their prior chapter 7 discharge under 11 U.S.C.S. § 727(a)(10). Despite the grant of an extension of time to respond to the motion to dismiss, they failed to do so.
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Court
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