Non-dischargeability complaint in Chapter 7, converted to=

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same Chapter 13 judge as in chapte 7?
________________________________
To: cdcbaa@yahoogroups.com
Sent: Wednesday, October 10, 2012 4:38 PM
Subject: [cdcbaa] Non-dischargeability complaint in Chapter 7, converted to 13
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

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