By Cathy Moran, Esq., Moran Law Group (Redwood City, CA) On its face, Diaz (Diaz v. Viegelahn, No. 19-50982 (5th Cir. Aug. 26, 2020)) is a pretty straightforward decision that struck down a local form plan as violating a below-median income debtor's right to use her tax refund to finance necessary expenses for maintenance and support. On a deeper level,...
Critical Case Comment – Carroll v. Sanders, 551 F.3d 397, 399 (6th Cir. 2008)
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Carroll v. Sanders, 551 F.3d 397, 399 (6th Cir. 2008)
A Chapter 13 debtor is precluded from receiving a discharge if the debtor received a Chapter 7 discharge in a case filed within four years of the filing of a Chapter 13 case.
Summary of the Case
Sanders filed a Chapter 7 petition on July 29, 2002 and received a discharge on February 5, 2003. On January 5, 2007, he filed a second bankruptcy petition, this . . .
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