Leavitt v. Finney (In Re Finney)

OPINION

DUNN, Bankruptcy Judge.

This appeal requires that we interpret the Bankruptcy Code to determine when a chapter 13 1 debtor is eligible for a discharge where that debtor previously received a chapter 7 discharge in a case converted from chapter 13.

I.FACTS

The facts in this appeal are straightforward. Charlene Charm Finney filed a chapter 13 case (“First Case”) on July 25, 2008. Approximately eight months later, Ms. Finney sought and obtained a voluntary conversion of the First Case to a chapter 7 case. Ms. Finney was granted a chapter 7 discharge in the First Case on July 7, 2009.

On March…