Non-dischargeability complaint in Chapter 7, converted to 13
Posted: Wed Oct 10, 2012 2:38 pm
Debtor files a Chap 7. Decides to convert to 13, but before case converted, creditor files a non-dischargeability complaint. Case converts, and is subsequently confirmed. Creditor files proof of claim. Non-dischargeability action is still hanging out there (status conf. in December 2012)
When the case converts to 13, there is a new deadline put in place for non-dischargeability actions. I'm assuming that the creditor who filed the non-dischargeability action while under a Chapter 7 is not under a duty to refile it just because we're in the context of a Chapter 13 now. Or, would they have to refile it? That doesn't make sense to me, but a couple people much more learned than I have suggested that
Todd Mannis, Esq.
Calabasas, California
The post was migrated from Yahoo.