Central District Consumer Bankruptcy Attorney's Association

I can't imagine that the creditor needs to file again. It filed within
the time allotted, 60 days after the first 341 meeting, and got a
separate case number for the adversary proceeding. That proceeding
lives on regardless of the underlying bankruptcy case - the courts
sometimes dismiss the underlying case while continuing to consider the
adversary proceeding. The fact that the conversion gives the creditor a
new window of opportunity to file a nondischargeability complaint does
not require it to do so in order to preserve its rights.
- John D. Faucher
818/889-8080
On 10/10/12 4:06 PM, axel richter wrote:
> same Chapter 13 judge as in chapte 7?
>
> *From:* t_mannis
> *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
>
>
>
>

The post was migrated from Yahoo.