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I'm trying to figure out the fact pattern here. It sounds like the debtor filed a ch 7 then converted to a chapter 13?
If they did, the time to object would have been the motion to convert to chapter 13, and then possibly at the confirmation hearing of the chapter 13. If the case was converted, there is no discharge in the chapter 7.
let me know if this is not the correct fact pattern. Please provide more details and I can provide a better answer. I took the most popular/likely scenario, but if I am incorrect, I'll be happy to answer. Let me know. thanks
There was a chapter 7 in 2008. The chapter 13 was filed in 2011, this wasn't converted.
So, with the brand new case, the creditor can file a proof of claim if they are owed money from a debt that was incurred after the discharge of the prior bankruptcy. If the debt was discharged in the first case, the creditor cannot file a claim in this case. If there was an adversary brought in the first chapter 7 declaring the debt non-dischargeable because of fraud, then they can file a claim in this new chapter 13.
Let me know if you have any other questions.
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