In Re Carol Jean BAKER, Debtor

BRIGHT, Circuit Judge.

Appellant Carol Jean Baker filed a plan for the adjustment of her debts under Chapter 13 of the Bankruptcy Reform Act of 1978, 11 U.S.C. §§ 1301-1330 (1982). The bankruptcy court refused to confirm Baker’s Chapter 13 plan, and summarily dismissed her case, solely because she had, within six years prior to filing for Chapter 13 relief, obtained a discharge in bankruptcy under the Bankruptcy Act.

We hold that a previous discharge in bankruptcy within six years of filing for Chapter 13 relief does not by itself automatically bar relief under Chapter 13. We reverse the…