United States Sixth Circuit

Debtor who received a chapter 7 discharge less than four years ago is eligible for a chapter 13 discharge because his chapter 7 petition was filed more than four years ago. The four-year clock of 11 U.S.C. section 1328(f) runs from the date the chapter 7 petition was filed, not from the date of the discharge.

Appellate Information

• Decided 12/29/2008
• Published 12/29/2008

Judges

• Before:  GILMAN, SUTTON and KETHLEDGE, Circuit Judges.

Court

• United States Sixth Circuit

Counsel

• For Appellees:
  
• ARGUED:  Krispen S. Carroll, Office of Chapter 13 Trustee, Detroit, Michigan, for Appellant.  Gary Boren, Boren & Carey, Dearborn, Michigan, for Appellee.   ON BRIEF:  Krispen S. Carroll, Office of Chapter 13 Trustee, Detroit, Michigan, for Appellant.  Gary Boren, Boren & Carey, Dearborn, Michigan, for Appellee.