In re Ward
Jul
03
2007
Ruling
Debtor entitled to discharge in second chapter 13 case filed two years after prior discharge as prohibition period ran from filing date in earlier case.
Procedural posture
The debtors moved to confirm their chapter 13 plan. The chapter 13 trustee filed an objection. The only issue in dispute was whether the debtors were entitled to a chapter 13 discharge under 11 U.S.C. § 1328(f).
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Court
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In re Sanders
May
18
2007
Ruling
Debtor not entitled to discharge in chapter 13 case filed within four years of chapter 7 discharge.
Procedural posture
The debtors filed for relief under chapter 13, and submitted a proposed plan. The trustee objected to the plan and requested that the debtors not receive a discharge, pursuant to 11 U.S.C. § 1328(f)(1).
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Court
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In re Bridges
May
11
2007
Ruling
Chapter 13 case held open after completion of monthly payments pending payment of personal injury claim also called for under plan.
Procedural posture
A trustee filed a motion to hold a debtor's chapter 13 case open until the personal injury proceeds were paid. The debtor objected that she had completed her monthly payments and was entitled to a discharge.
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Court
:
- 11 U.S.C.
Grice v. We Energies
Apr
17
2007
Ruling
Chapter 13 debtor was not eligible for discharge where less than four years had elapsed since discharge in converted chapter 7 case.
Procedural posture
Defendant trustee filed a motion for judgment on the pleadings declaring that plaintiff debtor was not entitled to a discharge in her chapter 13 case, pursuant to 11 U.S.C. § 1328(f)(1).
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Court
:
- 11 U.S.C.
Parsons v. Byrd (In re Byrd)
Mar
01
2007
Ruling
Claim arising out of bar fight was not due to willful or malicious injury and was dischargeable.
Procedural posture
Defendant debtor filed for bankruptcy relief under chapter 13, and scheduled plaintiff creditor as having a disputed, unliquidated claim arising out of a bar fight. The creditor filed suit to determine the dischargeability of the debt, seeking a determination that any indebtedness arising as a result of his state court civil case against the debtor, be determined non- dischargeable pursuant to 11 U.S.C. § 523(a)(6). Debtor moved to dismiss.
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Court
:
- 11 U.S.C.
In re Ybarra
Jan
26
2007
Ruling
Debtors were ineligible for discharge in case filed within four years of prior chapter 13 case that was converted to chapter 7.
Procedural posture
The United States Trustee sought a determination that chapter 13 debtors'discharge was barred by 11 U.S.C. § 1328(f)(1).
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Court
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In re Knighton
Dec
19
2006
Ruling
Debtor eligible for chapter 13 discharge where prior case was filed more than four years earlier although prior discharge after conversion to chapter 7 was less than four years earlier.
Procedural posture
A creditor objected to the confirmation of a debtor's chapter 13 plan on the ground that the debtor proposed it in bad faith based on the date of discharge in her previous chapter 7 case pursuant to 11 U.S.C. § 1328(f).
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Court
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Branigan v. Khan (In re Khan)
Dec
14
2006
Ruling
Prohibition on second discharge did not prevent filing of a chapter 13 petition.
Procedural posture
Appellant, a chapter 13 trustee, sought review of orders of the bankruptcy court denying the trustee's motions to dismiss and confirming the plans of appellee debtors.
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Court
:
McDow v. Sours (In re Sours)
Oct
10
2006
Ruling
Objection to discharge sustained as chapter 13 case was filed less than four years after discharge in converted chapter 7 case.
Procedural posture
Chapter 13 trustee filed a motion pursuant to Fed. R. Civ. P. 12(c), as incorporated into bankruptcy proceedings through Fed. R. Bankr. P. 7012, for judgment on the pleadings in his complaint, which objected to debtors'discharge pursuant to 11 U.S.C. § 1328(f).
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Court
:
In re West
Oct
10
2006
Ruling
Debtor was eligible for chapter 13 discharge where prior chapter 13 case was filed more than two years earlier.
Procedural posture
The chapter 13 trustee objected to confirmation of the debtor's proposed chapter 13 plan. The issue raised by the objection was the proper interpretation of 11 U.S.C. § 1328(f), specifically, whether the time period was measured from the date the discharge was received in the prior case, or from the date the prior case was filed.
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Court
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