Legal Opinion

In re Johnson

United States Bankruptcy Court, D. Massachusetts

Decided March 11, 2013No. 12-43187-MSHPublished

1Opinion of the Court

MEMORANDUM OF DECISION AND ORDER ON DEBTORS’ ENTITLEMENT TO DISCHARGE

MELVIN S. HOFFMAN, Bankruptcy Judge.

The Johnsons filed a joint chapter 13 petition commencing this case on August 31, 2012. Because they had received a chapter 7 discharge in a prior case within 4 years, the Court issued the following form notice:

It appears that in accordance with Title 11 of the U.S.Code, the debtor(s) is/are not entitled to a discharge in bankruptcy because of prior case filings. If you believe this determination is incorrect, you must file a response to this notice with the Court within fourteen (14) days…

2Cases cited9 opinions

  1. Branigan v. BatemanCourt of Appeals for the Fourth Circuit · 2008
  2. In Re: Mark A. Sidebottom, Debtor-AppellantCourt of Appeals for the Seventh Circuit · 2005
  3. McDow v. Sours (In Re Sours)United States Bankruptcy Court, E.D. Virginia · 2006
  4. Carroll v. SandersCourt of Appeals for the Sixth Circuit · 2008
  5. McDow v. Capers (In Re Capers)United States Bankruptcy Court, D. South Carolina · 2006

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