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IN RE FINNEY

BAP No. NV-12-1032-DJuKi. Bankruptcy No. 11-13330-LBR.

486 B.R. 177 (2013)

In re Charlene Charm FINNEY, Debtor. Kathleen A. Leavitt, Chapter 13 Trustee, Appellant, v. Charlene Charm Finney, Appellee.

United States Bankruptcy Appellate Panel of the Ninth Circuit.

Decided February 6, 2013.

Attorney(s) appearing for the Case

Sarah E. Smith, Esq. , argued for Appellant, Kathleen A. Leavitt, Chapter 13 Trustee.

Christopher P. Burke, Esq. , argued for Appellee, Charlene Charm Finney.

Before: DUNN, JURY, and KIRSCHER, Bankruptcy Judges.

OPINION

DUNN, Bankruptcy Judge.

This appeal requires that we interpret the Bankruptcy Code to determine when a chapter 131 debtor is eligible for a discharge where that debtor previously received a chapter 7 discharge in a case converted from chapter 13.

I. FACTS

The facts in this appeal are straightforward. Charlene Charm Finney filed a chapter 13 case ("First Case") on July 25, 2008. Approximately eight months...

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