Banks v. Griffin (In Re Griffin)

MAHONEY, Bankruptcy Judge.

This is an appeal from a decision of the bankruptcy court which denied the debtor, Keith N. Griffin, Sr. (“Griffin”), a discharge in his Chapter 7 case under 11 U.S.C. § 727(a)(9). Griffin filed the Chapter 7 case within six years of the petition date of a Chapter 13 case in which he received a discharge. The bankruptcy court found, on a motion for summary judgment, that Griffin did not pay at least 70% of the allowed unsecured claims in the Chapter 13 case. Interpreting 11 U.S.C. § 727(a)(9) to require such amount of payments in a Chapter 13 case filed within six…