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IN RE MOSBY

Bankruptcy Nos. 99-11319-RGM, 99-12231-RGM.

244 B.R. 79 (2000)

In re Kathleen D. MOSBY, Debtor. In re Michael E. Coleman, Sandra M. Coleman, Debtors.

United States Bankruptcy Court, E.D. Virginia, Alexandria Division.

January 12, 2000.

Attorney(s) appearing for the Case

Stephen J. Sheehy, III, Annandale, VA, for Kathleen D. Mosby.

Richard Owen Bolger, Law Office of Richard Owen Bolger, Fairfax, VA, for Michael E. and Sandra M. Coleman.

Gerald M. O'Donnell, Alexandria, VA, Chapter 13 Trustee.

MEMORANDUM OPINION

STEPHEN S. MITCHELL, Bankruptcy Judge.

The question presented in each of these chapter 13 cases is whether a debtor who files initially under chapter 7 may, after receiving a discharge, convert his or her case to chapter 13. The debtors acknowledge the anomaly of proceeding in chapter 13 after having already been granted a chapter 7 discharge in the same case but seek to rectify that situation by having the court vacate the discharge....

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