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IN RE SANDERS

No. 08-1201.

551 F.3d 397 (2008)

In re Jason SANDERS, Debtor. Krispen S. Carroll, Chapter 13 Trustee, Appellant, v. Jason Sanders, Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: December 29, 2008.

Attorney(s) appearing for the Case

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.

Before: GILMAN, SUTTON and KETHLEDGE, Circuit Judges.

OPINION

SUTTON, Circuit Judge.

Under the Bankruptcy Code, a chapter 13 debtor may not receive a discharge of his debts if he "received a discharge ... in a case filed under chapter 7 ... of this title during the 4-year period preceding" the filing of his chapter 13 petition. 11 U.S.C. § 1328(f). Jason Sanders filed this chapter 13 case more than four years after he filed an earlier chapter 7 case but less than four years after the bankruptcy court issued...

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