Legal Opinion

Carey v. Askenase (In Re Carey)

Bankruptcy Appellate Panel of the First Circuit

Decided May 6, 1998No. BAP MB 97-028PublishedCited by 6 opinions

1Per curiam

Michael D. Carey and Cheryl A. Carey (“debtors”) appeal from an order of the United States Bankruptcy Court for the District of Massachusetts, dismissing their Chapter 13 petition pursuant to 11 U.S.C. § 109(g)(2). The facts are not in dispute.

I. Background

The debtors filed a petition under Chapter 13 of the Bankruptcy Code on June 30,1993. The plan, which provided for payments over a five year period, was confirmed on August 9, 1993. In September 1996, secured creditor Source One Bank (“Source One”) obtained relief from the automatic stay because the debtors were in arrears in their mortgage…

2Cases cited7 opinions

  1. Lewis v. Continental Bank Corp.Supreme Court of the United States · 1990
  2. Arizonans for Official English v. ArizonaSupreme Court of the United States · 1997
  3. Murphy v. HuntSupreme Court of the United States · 1982
  4. Weinstein v. BradfordSupreme Court of the United States · 1975
  5. Bankr. L. Rep. P 74,609 in Re Public Service Company of New Hampshire, Debtor. Martin Rochman v. Northeast Utilities Service GroupCourt of Appeals for the First Circuit · 1992

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3Cited by6 opinions

  1. Tennant v. Rojas (In Re Tennant)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2004
  2. Fernandez v. GE Capital Mortgage Services, Inc. (In Re Fernandez)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1998
  3. In re ReischelCourt of Appeals for the Seventh Circuit · 2004
  4. In Re. WestDistrict Court, D. Massachusetts · 2018
  5. Lon Jenkins v. United States Bankruptcy Court for the District of UtahBankruptcy Appellate Panel of the Tenth Circuit · 2019

1 more not listed; retrieve them via the Exa API.

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