CONVERSION CONFUSION In re Fry, Case No. 04-16887 October 2008 Judge Nugent Debtor converted from 13 to 7 and then learned she was not eligible for a 7 and attempted to converted back to 13. Case dismissed as an “end run” around 7 discharge. Digest by: Jan Hamilton, Trustee
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Tag Archive: Chapter 7
Debtor May Be Converted to 7 with No Discharge
DEBTORS MAY BE CONVERTED TO 7 EVEN THOUGH NOT ELIGIBLE FOR 7 DISCHARGE In re Rogers, Case No. 08-21487 January 2009, Judge Somers In a case in which assets may be liquidated, a 13 may be converted to a 7 even though debtors may not be eligible for a 7 discharge. Digest by: Jan Hamilton,…
No Credit Counseling Certificate, No Bankruptcy
109(h) CREDIT COUNSELING NOT OBTAINED WITHIN 180 DAYS IS FATAL In re Gaddis, Case No. 07-40476 June 2007, Judge Karlin Chapter 7 case dismissed for failure to comply with 109(h), in that the credit counseling was not obtained within 180 days of the date of filing. No statutory exception was alleged. Debtor is simply not…
What Happens to Divorce Debts in Bankruptcy?
Debts in the nature of support of child or former spouse are not discharged in either chapter 7 or 13 bankruptcy. What about property settlement debts? If the divorce decree contains a hold harmless obligation that makes one spouse indemnify the other spouse, then the hold harmess oglibation is a separate debt to the spouse…
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Jill Michaux & Mark Neis
Attorneys at Law
Bankruptcy Law Office
Neis & Michaux, P.A.
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Topeka, KS 66603-3446
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Email: lawyers@neismichaux.com Website: www.neismichaux.com
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