Revoking Discharge after Conversion to 13
Posted: Tue Jan 26, 2016 9:02 pm
1307(c) - Court orders case converted back to Chapter 7 if debtor defaultsin Chapter 13 and Chapter 7 trustee can proceed with asset administration.
Yes it was an asset case I came in to clean up.
The Clerk's office mistakenly even entered another discharge after the
Chapter 13 was finished. I surmise this will be the only case I ever have
where the debts are discharged twice in the same case without the first
discharge having been revoked. I did not complain because it helped with the
preconversion gap creditors....
Mark T. Jessee
Law Offices of Mark T. Jessee
"A Debt Relief Agency"
50 W. Hillcrest Drive, Suite 200
Thousand Oaks, CA 91360
(805) 497-5868 (805) 497-5864 (Facsimile)
In a message dated 1/26/2016 8:45:40 P.M. Pacific Standard Time,
cdcbaa@yahoogroups.com writes:
Mark;
Thats pretty interesting. So unlike a case filed under Chapter 13 where
the discharge comes at the end, you start as a 7, get the discharge and
then pay?
Did you do this because you wanted to deal with an asset case?
What happens if they start making the payments and then stop? The case
gets dismissed with a discharge?
Im having a hard time getting this.
Steve
Sent: Tuesday, January 26, 2016 8:26 PM
To: cdcbaa@yahoogroups.com
Subject: Re: [cdcbaa] Re: Revoking Discharge after Conversion to 13
Why do you say there would be nothing to pay in the Chapter 13 if the
discharge order were to stand? It's still the same case. It's been 15 years
since I had a case like this, and had to research the issue but Judge
Riblet granted a motion to convert from Chapter 7 to 13 3 weeks after discharge
and specifically delineated in her order that revocation of the dischargewas not necessary. I recall a citation being provided but I long since
shredded the file and it does not appear the order can retrieved from Pacer.
The case was In Re Arnold 9:00-bk-13214-RR
Mark T. Jessee
Law Offices of Mark T. Jessee
"A Debt Relief Agency"
50 W. Hillcrest Drive, Suite 200
Thousand Oaks, CA 91360
(805) 497-5868 (805) 497-5864 (Facsimile)
In a message dated 1/26/2016 5:39:24 P.M. Pacific Standard Time,
_cdcbaa@yahoogroups.com_ (mailto:cdcbaa@yahoogroups.com) writes:
The discharge needs to be vacated because there would be nothing to pay inthe Chapter 13 after conversion if the discharge order were to stand. Im thinking the court may do it automatically without a motion.
The reason I asked this is because I thought I was going to not be able to settle with the Chapter 7 Trustee in an asset case. I made many offers after the Trustee responded, but they never took me up on oneor even paid
attention or communicated. Then I saw a Request for Special Notice from an
attorney who is a Trustee as well and I know that they were going to wantthe attorney employed in the case, which to me signaled an impasse if not an
outright fight with a possible community property tracing.
So I wanted to convert to Chapter 13 way after the discharge was entered
in this case that has been pending 9-10 months.
I may have jumped the gun though, as its possible the attorney for the
Trustee will finally communicate and work out a settlement after all. [mailto:cdcbaa@yahoogroups.com]
Sent: Tuesday, January 26, 2016 3:57 PM
To: Cdcbaa Yahoo Listserv
Subject: Re: [cdcbaa] Re: Revoking Discharge after Conversion to 13
Do you need a chapter 13 discharge (e.g. for divorce property
settlements)?
If not, I don't see the point in vacating the discharge.
On Jan 26, 2016 3:52 PM, "Michael Avanesian _michael@avanesianlaw.com_
(mailto:michael@avanesianlaw.com) [cdcbaa]" wrote:
Why does the discharge need to be vacated? I did not understand that
part.
Sincerely,
Michael Avanesian, Esq.
Avanesian Law Firm
801 N. Brand Blvd., Suite #1130
Glendale, CA 91203
Tel: _818.276.2477_ (tel:818.276.2477) | Fax: _818.208.4550_
(tel:818.208.4550)
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On Tue, Jan 26, 2016 at 3:40 PM, _sam@southbaybk.com_
(mailto:sam@southbaybk.com) [cdcbaa] wrote:
Steve - did anyone email you on this or pick up the thread? I have the
same situation and am looking for some perspective.
1307(c) - Court orders case converted back to
Chapter 7 if debtor defaults in Chapter 13 and Chapter 7 trustee can proceed
with asset administration.
Yes it was an asset case I came in to clean
up.
The Clerk's office mistakenly even entered another
discharge after the Chapter 13 was finished. I surmise this
will be the only case I ever have where the debts are discharged twice in the
same case without the first discharge having been revoked. I did notcomplain because it helped with the preconversion gap
creditors....
Mark T.
JesseeLaw Offices of Mark T. Jessee"A Debt Relief Agency"50 W.Hillcrest Drive, Suite 200Thousand Oaks, CA 91360(805) 497-5868 (805)
497-5864 (Facsimile)
In a message dated 1/26/2016 8:45:40 P.M. Pacific Standard Time,
cdcbaa@yahoogroups.com writes:
Mark;
Thats pretty interesting. So unlike a case filed under Chapter 13 where the discharge
comes at the end, you start as a 7, get the discharge and then pay?
Did you do this because you
wanted to deal with an asset case?
What happens if they start
making the payments and then stop? The case gets dismissed with a
discharge?
Im having a hard time getting
this.
Steve
From:
cdcbaa@yahoogroups.com [mailto:cdcbaa@yahoogroups.com] Sent:
Tuesday, January 26, 2016 8:26 PMTo:
cdcbaa@yahoogroups.comSubject: Re: [cdcbaa] Re: Revoking Discharge
after Conversion to 13
Why do
you say there would be nothing to pay in the Chapter 13 if the discharge order
were to stand? It's still the same case. It's been 15 years
since I had a case like this, and had to research the issue but Judge
Riblet granted a motion to convert from Chapter 7 to 13 3 weeks after
discharge and specifically delineated in her order that revocation of the discharge was not necessary. I recall a citation being provided
but I long since shredded the file and it does not appear the order can
retrieved from Pacer. The case was In Re Arnold 9:00-bk-13214-RR
Mark T.
JesseeLaw Offices of Mark T. Jessee"A Debt Relief Agency"50 W.
Hillcrest Drive, Suite 200Thousand Oaks, CA 91360(805) 497-5868 (805)
497-5864 (Facsimile)
In a
message dated 1/26/2016 5:39:24 P.M. Pacific Standard Time,
The post was migrated from Yahoo.