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IN RE KEACH

BAP No. RI99-055.

243 B.R. 851 (2000)

In re David Sampson KEACH, Debtor. David Sampson Keach, Appellant, v. John Boyajian, Chapter 13 Trustee, Appellee.

United States Bankruptcy Appellate Panel of the First Circuit.

January 27, 2000.

Attorney(s) appearing for the Case

Peter G. Berman, Raskin & Berman, Providence, RI, on brief, for Appellant.

John Boyajian and Boyajian, Harrington & Richardson, Providence, RI, on brief, for Appellee.

Before: QUEENAN, HAINES, and BOROFF, Bankruptcy Judges.

QUEENAN, Bankruptcy Judge.

A debtor files under Chapter 7, is unsuccessful in an attempt to convince the court that his largest creditor holds a contract claim rather than a nondischargeable fraud claim, and also fails in his efforts to convert the case to Chapter 13. He then files under Chapter 13 to obtain the broader discharge available there for fraud claims. This second filing occurs after his general Chapter 7 discharge enters but while the prior case remains...

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