Opinion
Case No. 10-43464.
February 9, 2010
ORDER DETERMINING THAT DEBTORS ARE NOT BARRED BY 11 U.S.C. § 727(a)(9) FROM RECEIVING A DISCHARGE IN THIS CASE
On February 8, 2010, Debtors jointly filed a voluntary petition for relief under Chapter 7, initiating this case.
On August 11, 2004, within six years before the filing of this case, Debtors jointly filed a voluntary petition for relief under Chapter 13, initiating Case No. 04-62581. Debtors each received a discharge in that Chapter 13 case, under 11 U.S.C. § 1328, on August 21, 2006 (Docket # 66).
Section 727(a)(9)(A) of the Bankruptcy Code provides, in relevant part:
The court shall grant the debtor a discharge, unless . . . the debtor has been granted a discharge under section . . . 1328 of this title, . . . in a case commenced within six years before the date of the filing of the petition, unless payments under the plan in such case totaled at least . . . 100 percent of the allowed unsecured claims in such case[.]"
11 U.S.C. § 727(a)(9)(A). The Chapter 13 Trustee's "Chapter 13 Final Report and Account Paid" in Case No. 04-62581 (Docket # 65) shows that payments under the plan in that case totaled 100 percent of the allowed unsecured claims.
Accordingly,
IT IS ORDERED that neither of the Debtors is barred from receiving a discharge in this case (Case No. 10-43464) under 11 U.S.C. § 727(a)(9), even though this case was filed within 6 years after the filing of the Debtors' prior Chapter 13 case (Case No. 04-62581).