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Anyone can declare Chapter 7 bankruptcy, but maintaining the case and
proving that discharge is deserved is an entirely different legal
matter. The new laws which regulate qualification and the requirements
for discharge remain unsettled in application. For many debtors, filing
Chapter 7 is a first choice, and if later determined to be unqualified,
a motion to convert to another Chapter may prevent discharge and allow
the case to proceed upon the second choice. In one regard, the new laws
are expected to flood the courts with unnecessary or unsupported
filings, that later result in conversion to another Chapter. Debtors
will take their shot at discharge, and settle for options available.
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