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chapter 11 discharge four years after chapter 7 filing
There is no time limit for receiving a discharge in a chapter 11 case
following a chapter 7 case. If you look at 1141(d)(5), there are two rules:
First, on the day the plan is confirmed, the Court, for cause, can grant a
discharge right away. If there is no cause, then the Court will grant a
discharge after all payments under the plan are complete.
Second, if a discharge was not granted upon confirmation of the plan, then
the Court can grant a discharge even without all plan payments being made
if the three requirements are satisfied.
Granting of a discharge is fairly liberal in chapter 11s.
Sincerely,
*Michael Avanesian *
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On Mon, Feb 20, 2017 at 11:48 AM, stephen burton stephenburtonlaw@yahoo.com
[cdcbaa] wrote:
>
>
> There is plenty of authority for the notion an individual debtor may
> receive a chapter 13 discharge on a case filed four years after a chapter 7
> case is filed which results in a chapter 7 discharge. However, I cannot
> find the authority in the code for the chapter 11 case filed four years
> after the chapter 7 was filed and resulted in a discharge. Or is it just
> not the case?
>
> Thank you in advance.
>
> Steve Burton, Attorney at Law 818 501-5055
>
>
>
There is no time limit for receiving a discharge in a chapter 11 case following a chapter 7 case. If you look at 1141(d)(5), there are two rules:First, on the day the plan is confirmed, the Court, for cause, can grant a discharge right away. If there is no cause, then the Court will grant a discharge after all payments under the plan are complete.Second, if a discharge was not granted upon confirmation of the plan, then the Court can grant a discharge even without all plan payments being made if the three requirements are satisfied.Granting of a discharge is fairly liberal in chapter 11s.
The post was migrated from Yahoo.
It's 1141 itself (i.e., (d)(3)). You don't have to wait even a day after
the discharge.
On Mon, Feb 20, 2017 at 11:54 AM stephen burton stephenburtonlaw@yahoo.com
[cdcbaa] wrote:
>
>
> There is plenty of authority for the notion an individual debtor may
> receive a chapter 13 discharge on a case filed four years after a chapter 7
> case is filed which results in a chapter 7 discharge. However, I cannot
> find the authority in the code for the chapter 11 case filed four years
> after the chapter 7 was filed and resulted in a discharge. Or is it just
> not the case?
>
> Thank you in advance.
>
> Steve Burton, Attorney at Law 818 501-5055
>
>
>
null
The post was migrated from Yahoo.