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Discharge/8 years
No, I know that. I must not have communicated my question well, and perhaps the heading was lousy. Original case was filed October 2001. Clearly eight years (almost nine) has run since that time. Clearly Debtor has not received a discharge in any case FILED within eight years. No issue at all with the eight years itself. The only funky thing here is that the subsequent 7 where there isn't and won't be a discharge wasn't closed out, therefore, its still a pending case.
>
> You're misreading the Code. 11 U.S.C. 727(a)(8) provides:
>
> The court shall grant the debtor a discharge, unless - . . . the debtor has been granted a discharge under this section . . . in a case commenced within 8 years before the date of the filing of the petition.
>
> Thus, the measurement is from filing date to filing date, not from discharge date to filing date.
>
> Nicholas Gebelt, Ph.D., J.D.
> Law Offices of Nicholas Gebelt
> 15150 Hornell Street
> Whittier, CA 90604
> Phone: 562.777.9159
> FAX: 562.946.1365
> Email: ngebelt@...
> Web: www.goodbye2debt.com
>
> Confidentiality Note: This e-mail is intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential, or otherwise protected from disclosure. Dissemination, distribution, or copying of this e-mail or the information herein by anyone other than the intended recipient, or an employee or agent responsible for delivering the message to the intended recipient, is prohibited. If you have received this e-mail in error, please notify us immediately at
> 562.777.9159 or e-mail info@... and destroy the original message and all copies.
>
> Representation Note: If you have not signed a contract of representation, the Law Offices of Nicholas Gebelt do not represent you, and this email does not contain any legal advice for you.
>
t_mannis
> Sent: Wednesday, August 04, 2010 4:49 PM
> To: cdcbaa@yahoogroups.com
> Subject: [cdcbaa] Discharge/8 years
>
>
>
> I don't see an issue with this, but better safe than sorry....
>
> Client files 7 in 2001, case is discharged January 2002.
>
> Client files 7 again, in July 2008. Case immediately draws a Motion to Revoke Discharge, and understandably so - discharge received in previous case filed within 8 years. Motion to Revoke granted in October 2008. Whomever the attorney was who filed this case apparently did not check that for reasons unknown.
>
> Client needs to file again, as husband has passed away and she's not in great shape. At this point, debtor has NOT received a discharge in any case commenced within the past 8 years, so she's good to go.
>
> Only strange thing is that they never closed the 2008 case. In fact, not sure if its a calendar error, but they have a hearing on a reaff scheduled in that case in September of this year!
>
> As far as I'm aware, since last discharge was January 2002, I'm good on the eight years, and as long as I disclose that there is a case within this district still pending (for which there is not and will be no discharge), no problems. Concur?
>
The post was migrated from Yahoo.
You're misreading the Code. 11 U.S.C. 727(a)(8) provides:
The court shall grant the debtor a discharge, unless - . . . the debtor has been granted a discharge under this section . . . in a case commenced within 8 years before the date of the filing of the petition.
Thus, the measurement is from filing date to filing date, not from discharge date to filing date.
Nicholas Gebelt, Ph.D., J.D.
Law Offices of Nicholas Gebelt
15150 Hornell Street
Whittier, CA 90604
Phone: 562.777.9159
FAX: 562.946.1365
Email: ngebelt@goodbye2debt.com
Web: www.goodbye2debt.com
Confidentiality Note: This e-mail is intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential, or otherwise protected from disclosure. Dissemination, distribution, or copying of this e-mail or the information herein by anyone other than the intended recipient, or an employee or agent responsible for delivering the message to the intended recipient, is prohibited. If you have received this e-mail in error, please notify us immediately at
562.777.9159 or e-mail info@goodbye2debt.com and destroy the original message and all copies.
Representation Note: If you have not signed a contract of representation, the Law Offices of Nicholas Gebelt do not represent you, and this email does not contain any legal advice for you.
The post was migrated from Yahoo.
I don't see an issue with this, but better safe than sorry....
Client files 7 in 2001, case is discharged January 2002.
Client files 7 again, in July 2008. Case immediately draws a Motion to Revoke Discharge, and understandably so - discharge received in previous case filed within 8 years. Motion to Revoke granted in October 2008. Whomever the attorney was who filed this case apparently did not check that for reasons unknown.
Client needs to file again, as husband has passed away and she's not in great shape. At this point, debtor has NOT received a discharge in any case commenced within the past 8 years, so she's good to go.
Only strange thing is that they never closed the 2008 case. In fact, not sure if its a calendar error, but they have a hearing on a reaff scheduled in that case in September of this year!
As far as I'm aware, since last discharge was January 2002, I'm good on the eight years, and as long as I disclose that there is a case within this district still pending (for which there is not and will be no discharge), no problems. Concur?
The post was migrated from Yahoo.