Oliver in good faith. Sharon’s fresh start from discharging the debt to USAA would not be very fresh if she still has to hold Oliver harmless for half of it. Congress has determined that some debts that will not discharge in a case under Chapter 7 may nevertheless be discharged in a case under Chapter 13. A debt subject to § 523(a)(15) is one such debt. Supra note 2. A debtor, such as Sharon, who lawfully seeks a discharge in bankruptcy is not, by definition, acting in bad faith. See Hardin v. Caldwell (In re Caldwell), 895 F.2d 1123, 1127 (6th Cir.1990) (stating that “[i]t is not conclusively bad faith for a debtor to seek to discharge a debt incurred through his own criminal or tortious conduct, but that factor may be considered”); In re Griggs, 181 B.R. 111, 115 (Bankr.N.D.Ala.1994) (<HOLDING>). It is incumbent upon Oliver to offer evidence
holding that notwithstanding a debtors inability to obtain a chapter 13 discharge a debtor is nonetheless eligible to file a chapter 13 case holding that a debtor was not acting in bad faith when he converted a case under chapter 7 to a case under chapter 13 for the purpose of discharging a debt for fraud but it was a fact which could be considered holding that there is no statutory authority in chapter 13 which grants a chapter 13 debtor independent standing to sue under the trustees  avoidance power recognizing the distinction between the reorganized debtor and the converted debtor and holding an asset which was not property of the original chapter 11 estate does not become property of the converted chapter 7 estate holding tort action accruing after original chapter 7 petition not part of estate when case converted to chapter 13 and then back to chapter 7