Legal Opinion

In Re Colvin

United States Bankruptcy Court, D. Utah

Decided January 29, 1986No. 19-21175PublishedCited by 7 opinions

1Opinion of the Court

MEMORANDUM OPINION

JOHN H. ALLEN, Bankruptcy Judge.

CASE SUMMARY

This case is before the Court on the creditor’s motion to terminate the automatic stay as to the debtors’ home for failure to pay its allowed claim for attorneys’ fees in the amount of $6,475.00. The Court is called upon to decide when the debtors are required to pay this claim in the context of a Chapter 13 repayment plan. For the reasons hereinafter set forth, the Court concludes that the claim for attorneys’ fees must be cured through the debtors’ Chapter 13 plan. However, the motion is denied and the debtors shall be afforded…

2Cases cited26 opinions

  1. Alyeska Pipeline Service Co. v. Wilderness SocietySupreme Court of the United States · 1975
  2. Hall v. ColeSupreme Court of the United States · 1973
  3. F. D. Rich Co. v. United States Ex Rel. Industrial Lumber Co.Supreme Court of the United States · 1974
  4. Ruckelshaus v. Sierra ClubSupreme Court of the United States · 1983
  5. Vanston Bondholders Protective Committee v. GreenSupreme Court of the United States · 1947

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3Cited by7 opinions

  1. In Re Southeast Company, Debtor. Florida Partners Corporation, Successor-In-Interest to I.R.E. Florida Income Partners, Ltd. v. Southeast CompanyCourt of Appeals for the Ninth Circuit · 1989
  2. In Re MillsUnited States Bankruptcy Court, S.D. New York · 1987
  3. Mason & Dixon Lines, Inc. v. First National Bank of BostonDistrict Court, M.D. North Carolina · 1988
  4. Matter of VenechUnited States Bankruptcy Court, M.D. Florida · 1986
  5. In Re WoodhamUnited States Bankruptcy Court, M.D. Florida · 1994

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