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Convert Chapter 13 or Let Dismiss and Refile as Chapter 7?
The time is from petition date to new petition date. So, let the Chapter 13
case get dismissed and file a new Chapter 7 case.
Frank X. Ruggier, Esq.
Certified Bankruptcy Specialist *
15545 Devonshire Street., Suite 110
Mission Hills, CA 91345
Tel: (818) 796-3529
Fax: (818) 561-3909
* certified by the State Bar of California Board of Legal Specialization
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I'm hoping for help with an interpretation of 11 U.S.C. 727(a)(8). It is pasted below my question.
I filed a Chapter 13 because the Debtors were not eligible for a Chapter 7 discharge. That case is failing, and I'd prefer to convert it, because I thought the 8 years just needs to have run between discharges, which it will have at this point.
However, it the case has to be "case commenced within 8 years before the date of the filing of the petition" then I'd best let it dismiss and refile it as a new case.
Which is the proper course?
11 U.S.C. 727 (a)(8) the debtor has been granted a discharge under this section, under section 1141 of this title, or under section 14, 371, or 476 of the Bankruptcy Act, in a case commenced within 8 years before the date of the filing of the petition;
Law Offices of Steven B. Lever
I’m hoping for help with an interpretation of 11 U.S.C. 727(a)(8). It is pasted below my question.
I filed a Chapter 13 because the Debtors were not eligible for a Chapter 7 discharge. That case is failing, and I’d prefer to convert it, because I thought the 8 years
just needs to have run between discharges, which it will have at this point.
However, it the case has to be “case commenced within 8 years before the date of the filing of the petition” then I’d best let it dismiss and refile it as a new case.
Which is the proper course?
11 U.S.C. 727 (a)(8) the debtor has been granted a discharge under this section, under
The post was migrated from Yahoo.