Legal Opinion
In Re Carol Freeman Marsch, Debtor (Two Cases). John D. Marsch, Claimant-Appellant v. Carol F. Marsch, (Two Cases)
Court of Appeals for the Ninth Circuit
Decided September 14, 1994No. 92-56442, 92-56443PublishedCited by 204 opinions
1Opinion of the Court
Per Curiam; Partial Concurrence and Partial Dissent by Judge TROTT.
2Per curiam
Before a state court could enter a restitution judgment against Carol Marsch (“debt- or”) in favor of her ex-husband, John Marsch, she filed a Chapter 11 petition. The bankruptcy court found that debtor, who was not in business, filed the petition to prevent entry of the judgment and avoid posting an appeal bond, even though debtor had sufficient assets to pay the judgment or post the bond. Consequently, the bankruptcy court dismissed the petition, holding that “[i]t is not the purpose of the bankruptcy code to allow a debtor…
3Cases cited17 opinions
- In the Matter of Little Creek Development Company, Debtor. Little Creek Development Co. v. Commonwealth Mortgage Corp.Court of Appeals for the Fifth Circuit · 1986
- Townsend v. Holman Consulting Corp.Court of Appeals for the Ninth Circuit · 1990
- Mario Lopez v. Margaret M. Heckler, Secretary of Health and Human ServicesCourt of Appeals for the Ninth Circuit · 1983
- Bankr. L. Rep. P 75,652 in Re William Eisen, Debtor. William Eisen v. Nancy Curry, Trustee, Chapter 13 TrusteeCourt of Appeals for the Ninth Circuit · 1994
- Furness v. LilienfieldDistrict Court, D. Maryland · 1983
12 more not listed; retrieve them via the Exa API.
4Cited by204 opinions
- In Re Jonathan Barnes Leavitt, Debtor. Jonathan Barnes Leavitt v. Carlos SotoCourt of Appeals for the Ninth Circuit · 1999
- In Re: Danny Padilla, Debtor. William T. Neary, United States Trustee for Region 16 v. Danny PadillaCourt of Appeals for the Ninth Circuit · 2000
- In Re Les Deville, Debtor. In Re Steven J. Dagget, Debtor. In Re Daniel Miller, Debtor. Daniel Miller, Jr. Arlo Hale Smith v. Noreen CardinaleCourt of Appeals for the Ninth Circuit · 2004
- In Re: Sgl Carbon Corporation, Debtor Official Committee of Unsecured Creditors, at No. 99-5319 v. Nucor Corporation Nucor-Yamato Steel Company, at No. 99-5382Court of Appeals for the Third Circuit · 1999
- In Re: Craig Piazza, Craig Piazza v. Nueterra Healthcare Physical Therapy, LLCCourt of Appeals for the Eleventh Circuit · 2013
199 more not listed; retrieve them via the Exa API.