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Legal Opinion

In Re Hauswirth

United States Bankruptcy Court, N.D. Georgia

Decided June 28, 1999No. 19-40199PublishedCited by 18 opinions

1Opinion of the Court

ORDER

MARGARET H. MURPHY, Bankruptcy Judge.

This matter is before the court on the court’s own motion. This case was filed August 18, 1998, as a Chapter 7 case. On December 1, 1998, Debtor’s Chapter 7 discharge was issued. On February 2, 1999, Debtor filed a motion to convert this case to a Chapter 13 case and an order granting that motion was entered February 9, 1999. 1 Neither Debtor nor any other party in interest sought to vacate or revoke Debtor’s Chapter 7 discharge.

All but one of the courts which have considered the issue have concluded that a debtor cannot obtain two discharges in the…

2Cases cited12 opinions

  1. Johnson v. Home State BankSupreme Court of the United States · 1991
  2. In Re Paul Wayne Saylors, Debtor. Jim Walter Homes, Inc. v. Paul Wayne Saylors, Jane K. Dishuck, Standing TrusteeCourt of Appeals for the Eleventh Circuit · 1989
  3. In the Matter of Virginia Frederick Martin, Debtor. Virginia Frederick Martin v. Lehman A. Martin, Jr.Court of Appeals for the Fifth Circuit · 1989
  4. In Re JonesUnited States Bankruptcy Court, E.D. Tennessee · 1990
  5. In Re LesniakUnited States Bankruptcy Court, N.D. Illinois · 1997

7 more not listed; retrieve them via the Exa API.

3Cited by18 opinions

  1. In Re MosbyUnited States Bankruptcy Court, E.D. Virginia · 2000
  2. In Re MarcakisUnited States Bankruptcy Court, E.D. New York · 2000
  3. In Re KrishnayaUnited States Bankruptcy Court, S.D. New York · 2001
  4. Copper v. Copper (In Re Copper)Bankruptcy Appellate Panel of the Sixth Circuit · 2004
  5. In re PonziniUnited States Bankruptcy Court, E.D. Arkansas · 2002

13 more not listed; retrieve them via the Exa API.

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