Legal Opinion

In re Hoyt-Kieckhaben

United States Bankruptcy Court, D. Colorado

Decided February 23, 2016No. Bankruptcy Case No. 11-13705 EEBPublishedCited by 8 opinions

1Opinion of the Court

ORDER ON TRUSTEE’S MOTION TO DISMISS AND DEBTOR’S CERTIFICATION TO OBTAIN DISCHARGE

Elizabeth E. Brown, Bankruptcy Judge

THIS MATTER is before the Court following an evidentiary hearing on the Motion to Dismiss, filed by Douglas B. Kiel, chapter 13 trustee (the “Trustee”) and the Debtor’s Certification requesting the entry of a general discharge. Neither party disputes that the Debtor did not fully comply with her plan’s statement that she would make monthly mortgage payments directly to her lender. In fact, she failed to make 24 payments, totaling $49,000. Nevertheless, she asserts she is…

2Cases cited11 opinions

  1. Rake v. WadeSupreme Court of the United States · 1993
  2. In the Matter of John W. Foster, Jr. And Myrtha D. Foster, Debtors. John W. Foster, Jr., and Myrtha D. Foster v. William Heitkamp, TrusteeCourt of Appeals for the Fifth Circuit · 1982
  3. In the Matter of Walter N. Aberegg, Jr., and Sandra J. Aberegg, Debtors. Appeal of Standing Chapter 13 Trustee Tedd E. Mishler, EsqCourt of Appeals for the Seventh Circuit · 1992
  4. In Re PerezUnited States Bankruptcy Court, S.D. Texas · 2006
  5. In Re BlevinsUnited States Bankruptcy Court, S.D. Ohio · 1979

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3Cited by8 opinions

  1. In re: David Mrdutt and Christina MrduttUnited States Bankruptcy Appellate Panel for the Ninth Circuit · 2019
  2. In re CoughlinUnited States Bankruptcy Court, E.D. New York · 2017
  3. Evans v. StackhouseDistrict Court, E.D. Virginia · 2017
  4. In re GonzalesUnited States Bankruptcy Court, S.D. Texas · 2017
  5. In re DigginsUnited States Bankruptcy Court, D. Colorado · 2016

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

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