The Debtors had previously filed a chapter 7 case and received chapter 7 discharges. This new case was filed under chapter 13 less than 8 years following the commencement of the prior case – too soon to file a chapter 7 case and qualify for a chapter 7 discharge. After 8 years had elapsed from the commencement of their prior chapter 7 case, the Debtors converted their case from chapter 13 to chapter 7. The United States Trustee (“UST”) moved for denial of chapter 7 discharge under § 727(a)(8). Debtors argued that, under § 348(a), their conversion to chapter 7 constituted a new order for relief under chapter 7 and that the 8 year discharge prohibition in § 727(a)(8) should be measured from the filing date of the prior chapter 7 case to the new chapter 7 order for relief. But § 727(a)(8) dictates that the 8 year time period is to be measured from the commencement of the prior case to “the date of the filing of the petition,” and § 348(a), specifies that, even though conversion results in a new order for relief, the date of the filing of the petition is not affected. The Court granted the UST’s motion to deny discharge.
Case No.: 09-32292
Judge Howard R. Tallman
Not for Publication
[gview file=http://www.cob.uscourts.gov/opinions%5C09-32292_Order_DocketNo54_5_10_11.pdf]