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Individual Chapter 11 discharge
Dear Stella,
The wording of 109(e) is crucial: ". . . on the date of the filing of the petition . . ." Postpetition liquidation of the debt is irrelevant.
Nick
Nicholas Gebelt, Ph.D., J.D.
Certified Bankruptcy Specialist
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I thought the same as Giovanni. However, what happens if the client is able
to confirm a chapter 13 case and then after the confirmation, drops the
appeal. Then, the debt become liquidated and he longer qualifies for
chapter 13. Can the creditors then move to dismiss the case because the
debtor is an ineligible debtor after confirmation?
This is a judgment for breach of contract by a brother and sister. They got
two judgments. But maybe I can try and settle with one and then file a
chapter 13.
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