Legal Opinion

In Re Ybarra

United States Bankruptcy Court, S.D. Illinois

Decided January 26, 2007No. 18-41133PublishedCited by 7 opinions

1Opinion of the Court

OPINION

KENNETH J. MEYERS, Bankruptcy Judge.

In a matter of first impression in this District, the Court has been asked to examine the effect of conversion of a prior case upon a debtor’s eligibility to receive a discharge in a pending chapter 13 case in light of the prohibitions against serial discharge enacted in 11 U.S.C. § 1328(f) of the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005. The debtors in this case filed a chapter 13 case (BK 03-30410) on February 3, 2003, which was converted to a chapter 7 case on May 21, 2004, and subsequently discharged under chapter 7 on…

2Cases cited16 opinions

  1. United States v. Ron Pair Enterprises, Inc.Supreme Court of the United States · 1989
  2. Caminetti v. United StatesSupreme Court of the United States · 1917
  3. Lamie v. United States TrusteeSupreme Court of the United States · 2004
  4. Griffin v. Oceanic Contractors, Inc.Supreme Court of the United States · 1982
  5. Hartford Underwriters Insurance v. Union Planters Bank, N. A.Supreme Court of the United States · 2000

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3Cited by7 opinions

  1. Carroll v. SandersCourt of Appeals for the Sixth Circuit · 2008
  2. In Re KingUnited States Bankruptcy Court, S.D. Illinois · 2010
  3. In Re KellettUnited States Bankruptcy Court, D. Oregon · 2007
  4. In re DavisUnited States Bankruptcy Court, S.D. Georgia · 2013
  5. In Re HamiltonUnited States Bankruptcy Court, W.D. Arkansas · 2008

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