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Legal Opinion

Gordon R. And Sharon L. Flygare, Debtors-Appellants v. Judith A. Boulden

Court of Appeals for the Tenth Circuit

Decided June 1, 1983No. 81-1683PublishedCited by 181 opinions

1Opinion of the Court

SEYMOUR, Circuit Judge.

Gordon and Sharon Flygare appeal the denial of confirmation of their Chapter 13 bankruptcy plan. They argue that the denial was based on an erroneous construction of the “good faith” requirement of 11 U.S.C. § 1325(a)(3) (Supp. IY 1980). We agree and remand for further proceedings.

The Flygares first filed a Chapter 13 petition in April 1980. The bankruptcy court denied confirmation and dismissed the case in June. The Flygares filed a second petition in July 1980. The second plan was similar to the first; however, the length of the plan was increased from thirty-six…

2Cases cited8 opinions

  1. In Re Ronald Estus and Doris Estus, Debtors. United States of America v. Ronald EstusCourt of Appeals for the Eighth Circuit · 1982
  2. In Re Charles E. Kitchens and Olivia L. Kitchens, Bankrupt. Charles E. Kitchens and Olivia L. Kitchens v. Georgia Railroad Bank and Trust CompanyCourt of Appeals for the Eleventh Circuit · 1983
  3. In Re Julian Roosevelt Goeb and Jane Alma Goeb, Debtors. In Re Julian Roosevelt Goeb and Jane Alma Goeb v. Harry W. Heid, Chapter 13 TrusteeCourt of Appeals for the Ninth Circuit · 1982
  4. Margaret Ann Deans v. Gerald O'donnell, Trustee, in Re Margaret Ann DeansCourt of Appeals for the Fourth Circuit · 1982
  5. In Re IacovoniUnited States Bankruptcy Court, D. Utah · 1980

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

3Cited by181 opinions

  1. In Re Gregory A. Lemaire, Debtor. Paul Handeen v. Gregory A. LemaireCourt of Appeals for the Eighth Circuit · 1990
  2. In the Matter of John Joseph METZ, Debtor. DOWNEY SAVINGS AND LOAN ASSOCIATION, Appellant, v. John Joseph METZ, AppelleeCourt of Appeals for the Ninth Circuit · 1987
  3. In Re Robert Arlin Gier, Debtor-Appellant, Robert Arlin Gier v. Farmers State Bank of Lucas, KansasCourt of Appeals for the Tenth Circuit · 1993
  4. In Re Edwin R. Smith, Debtor-Appellee. Appeal of Jerry WatsonCourt of Appeals for the Seventh Circuit · 2002
  5. Nelson v. Easley (In Re Easley)United States Bankruptcy Court, M.D. Tennessee · 1987

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

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