Subsequent Chapter 13 BK--Chapter 7 Case Still Open
Posted: Wed Mar 01, 2017 5:49 pm
In re Blendheim, 803 F.3d 477 (9th Cir. 2015) involved the filing of a 13
after the debtor got a discharge. I do not know about a blanket rule
allowing two simultaneous bankruptcy cases for the same debtor, though I'd
love to learn what that is, but your particular situation seems to fit the
Blendheim facts OK'd by the 9th Circuit.
On Wed, Mar 1, 2017 at 4:48 PM, 'Steven B. Lever' sblever@leverlaw.com
[cdcbaa] wrote:
>
>
> Yes. You can have two cases open at the same time, and he doesn> to get a discharge in the 13. He only needs the automatic stay.
>
>
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> Steve Lever
>
>
>
> *From:* cdcbaa@yahoogroups.com [mailto:cdcbaa@yahoogroups.com]
> *Sent:* Wednesday, March 01, 2017 3:30 PM
> *To:* cdcbaa@yahoogroups.com
> *Subject:* [cdcbaa] Subsequent Chapter 13 BK--Chapter 7 Case Still Open
>
>
>
>
>
> Hi Everyone,
>
>
>
> Debtor is presently in a Chapter 7 bankruptcy case. He filed this case
> pro-se and the chapter 7 Te moved to sell him home. He settled with the Te
> for $33,000 and paid the Te this amount persuant to the settlement.
>
> Chapter 7 Te is winding up the estate affairs after 2 1/2 years. Debtor
> wants to file a chapter 13 to "save" his rental property from foreclosure.
>
>
>
> Is debtor eligible/able to file a chapter 13 bankruptcy case even though
> his chapter 7 case is still open? FYI, debtor received a discharge back in
> 2014.
>
>
>
> Thanks for any input!!!
>
>
>
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In re Blendheim, 803 F.3d 477 (9th Cir. 2015) involved the filing of a 13 after the debtor got a discharge. I do not know about a blanket rule allowing two simultaneous bankruptcy cases for the same debtor, though I'd love to learn what that is, but your particular situation seems to fit the Blendheim facts OK'd by the 9th Circuit.On Wed, Mar 1, 201
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