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Trustte wants to file a MOTION TO DISMISS...

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    #16
    Chapter 7....

    Can someone find out what the rule/law is for the Western Washington Bankruptcy Court??? Thanks!

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      #17
      Originally posted by justbroke View Post
      It's strange but I think there are two different interpretations of this. My District goes discharge to filing. I've read several other Districts do the same (like West Virginia Northern).

      Strange. I agree with you that it should be filing to filing, but the Districts don't seem to agree. As if they ever do.
      Really, the code seems pretty clear on this, 727(a)(8)
      "The debtor has been granted a discharge under this section...in a case commenced within 8 years before the date of the filing of the petition."

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        #18
        Originally posted by HHM View Post
        Really, the code seems pretty clear on this, 727(a)(8)
        "The debtor has been granted a discharge under this section...in a case commenced within 8 years before the date of the filing of the petition."
        I think the code is clear too. But some (Judges) have read the "granted a discharge" as instructive. I totally agree on the plain reading that it's filing date to filing date.
        Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
        Status: (Auto) Discharged and Closed! 5/10
        Visit My BKForum Blog: justbroke's Blog

        Any advice provided is not legal advice, but simply the musings of a fellow bankrupt.

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          #19
          Originally posted by HHM View Post
          Really, the code seems pretty clear on this, 727(a)(8)
          "The debtor has been granted a discharge under this section...in a case commenced within 8 years before the date of the filing of the petition."
          So, is it 8 years from filing date to filing date or 7 years???? Now, I'm confused.... Sorry!!

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            #20
            manifest. Not to be rude or anything, but seriously, are you actually thinking of filing pro se?

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              #21
              Pro se

              Too late... I already filed (12/29/08).....

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                #22
                Well. Then you really should check your local bankruptcy rules for guidance on motions, timelines and conversions. Seriously. Start here: http://www.uscourts.gov/bankruptcycourts.html

                And like jb reminds me all the time... call your bk case manager at the court for guidance on procedure.

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                  #23
                  Pro se

                  Thanks!

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                    #24
                    Well, I guess I should state yesterday I retained an attorney to assist me with some "complicated" matters. After speaking with the attorney, he made so much sense with the "strategy" he would like to use. I, too, felt he was very experienced with my situation and he appeared to have a "good" relationship with the case administrator and Trustee.

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