Most courts in Oklahoma bankruptcy will not let you have two cases pending at the same time. Thus, you will have to wait for the discharge to be entered before filing a 13. In the few that do allow such, there either has to be a no asset report filed by the Trustee, or the debtor must be close to receiving his discharge. In other words, the Trustee must have had an opportunity to administer the assets (or lack thereof).Be careful of having two cases open at the same time. If CH7 has moved past the obj dates and is just waiting to close, you might get away with filing the CH13 but better to wait. Doesn’t seem the 13 will be eligible for discharge. If stay relief was granted to secured creditor in CH7… The judges might not let the debtor pay it thru a CH13… but if D is going to lose a house, might be worth a shot since the alternative is worse.If debtor has received a discharge, but case hasn’t been closed yet, you have In re Saylors, 869 F.2d 1434 (11th Cir. 1989). In that case Eleventh Circuit reversed district court reversal of bankruptcy court order finding plan was filed in good faith and confirming chapter 13 bankruptcy plan.
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