Legal Opinion
Carroll v. Sanders
Court of Appeals for the Sixth Circuit
Decided December 29, 2008No. 08-1201PublishedCited by 21 opinions
1Opinion of the Court
OPINION
SUTTON, Circuit Judge.
Under the Bankruptcy Code, a chapter 13 debtor may not receive a discharge of his debts if he “received a discharge ... in a case filed under chapter 7 ... of this title during the 4-year period preceding” the filing of his chapter 13 petition. 11 U.S.C. § 1328(f). Jason Sanders filed this chapter 13 case more than four years after he filed an earlier chapter 7 case but less than four years after the bankruptcy court issued his chapter 7 discharge. The question is whether the four-year clock runs from the date he “filed” the chapter 7 petition or the date of the…
2Cases cited26 opinions
- Oncale v. Sundowner Offshore Services, Inc.Supreme Court of the United States · 1998
- Exxon Mobil Corp. v. Allapattah Services, Inc.Supreme Court of the United States · 2005
- Barnhart v. ThomasSupreme Court of the United States · 2003
- Church of the Holy Trinity v. United StatesSupreme Court of the United States · 1892
- West Virginia University Hospitals, Inc. v. CaseySupreme Court of the United States · 1991
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3Cited by21 opinions
- In re Anheuser-Busch Beer Labeling Marketing & Sales Practices LitigationCourt of Appeals for the Sixth Circuit · 2016
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- Sobitan v. GludCourt of Appeals for the Seventh Circuit · 2009
- Engleson v. Unum Life Insurance Co. of AmericaCourt of Appeals for the Sixth Circuit · 2013
- In Re HieterUnited States Bankruptcy Court, D. Idaho · 2009
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