Discharge?
Posted: Tue Apr 10, 2018 1:42 pm
Great question. I asked this myself a while back and didn't get
much of a response. Would love to gain clarity on that.
Mark
On 4/10/2018 1:21 PM, David Tilem DavidTilem@TilemLaw.com [cdcbaa]
wrote:
>
>
> Potential client - Husband - has never filed bankruptcy before, BUT…..
>
> He has been married to the same woman for decades and SHE filed a
> Ch 7 and got a discharge in 2013.
>
> There is no divorce pending, they remain happily married.
>
>
> §727(a)(8) says discharge unless “the debtor has been granted a
> discharge under this section, under section 1141 or this title [or
> under the old Bankruptcy Act] in a case commenced within 8 years
> before the date of the filing of the petition.
>
> His CP got a discharge, but not under §727. It was under
> §524(a)(3) and he has never received a personal discharge.
>
> 1. Does he get a personal discharge – Not much doubt, yes
> 2. Does he get a CP discharge under §524(a)(3)?
>
> §524(b)(1) does not apply because wife got a discharge.
>
> §524(b)(2)(A) does apply because wife got a discharge
>
> §524(b)(2)(B) is where I have my issue. It seems like this is set
> up for situations where you have to file a complaint (§727(a)(8),
> (a)(9)) – See Rule 4004(a), (c). This does not seem to fit under
> any of the limitations on getting a discharge.
>
> I welcome your wisdom.
>
> *David A. Tilem*
>
> *Certified Bankruptcy Specialist Since 1997*
>
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