Legal Opinion

In re Campbell

United States Bankruptcy Court, D. New Mexico

Decided September 20, 2013No. 13-08-12720-TRPublishedCited by 16 opinions

1Opinion of the Court

MEMORANDUM OPINION

DAVID T. THUMA, Bankruptcy Judge.

Debtors filed a motion to modify their confirmed Chapter 13 plan after discovering a previously unknown obligation to make a large balloon payment at the end of their 60-month plan period. The balloon payment was added to Debtors’ plan because their monthly disposable income was miscalculated.

The Chapter 13 trustee (“Trustee”) objected to the motion. She argues that a deal is a deal, and that Debtors should perform as agreed. The Trustee moved to dismiss the case for Debtors’ failure to make the balloon payment. After taking testimony and…

2Cases cited22 opinions

  1. LeBlanc v. SalemCourt of Appeals for the First Circuit · 1999
  2. In the Matter of Ronald J. Witkowski, Debtor-AppellantCourt of Appeals for the Seventh Circuit · 1994
  3. In the Matter of Russell E. Sinclair, Sr. And M. Marguerite Sinclair, Debtors-AppellantsCourt of Appeals for the Seventh Circuit · 1989
  4. Barbosa v. SolomonCourt of Appeals for the First Circuit · 2000
  5. Sunahara v. Burchard (In Re Sunahara)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2005

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

3Cited by16 opinions

  1. Messer v. Wei Chu (In re Xiang Yong Gao)United States Bankruptcy Court, E.D. New York · 2016
  2. In re BarkanyUnited States Bankruptcy Court, E.D. New York · 2015
  3. In re ShuklaUnited States Bankruptcy Court, E.D. New York · 2016
  4. In re Ideal Mortgage Bankers, Ltd.United States Bankruptcy Court, E.D. New York · 2015
  5. International Christian Broadcasting, Inc. v. Koper (In re Koper)United States Bankruptcy Court, E.D. New York · 2016

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

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