Legal Opinion

In Re: Raymond Cervantes, Debtor. County of Santa Cruz v. Raymond Cervantes

Court of Appeals for the Ninth Circuit

Decided July 18, 2000No. 99-15441PublishedCited by 35 opinions

1Opinion of the Court

MICHAEL DALY HAWKINS, Circuit Judge:

May an absent parent who owes money to the County for child support payments made by the County prior to the entry of a child support order have that debt discharged in a Chapter 13 bankruptcy proceeding? We recently held, in the context of a Chapter 7 bankruptcy, that an absent parent is not entitled to discharge such a debt. See In re Leibowitz, 217 F.3d 799 (9th Cir.2000). This conclusion was based on recent changes to the bankruptcy and welfare laws. The absent parent in this case claims those changes only apply to bankruptcy filings under Chapter 7,…

2Cases cited7 opinions

  1. Connecticut National Bank v. GermainSupreme Court of the United States · 1992
  2. Davis v. City and County San FranciscoCourt of Appeals for the Ninth Circuit · 1992
  3. United States v. Douglas HoflinCourt of Appeals for the Ninth Circuit · 1989
  4. In Re Dale H. Visness, Debtor. Dale H. Visness v. Contra Costa County Contra Costa County District AttorneyCourt of Appeals for the Ninth Circuit · 1995
  5. In Re Joe P. Ramirez, Jose Presiado Ramirez. County of Santa Clara v. Joe P. Ramirez, Jose Presiado RamirezCourt of Appeals for the Ninth Circuit · 1986

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

3Cited by35 opinions

  1. Robert Rosebrock v. Ronald MathisCourt of Appeals for the Ninth Circuit · 2014
  2. United States v. Ted Allen, AKA Ted Alan WachtinCourt of Appeals for the Ninth Circuit · 2006
  3. Clark v. Capital Credit & Collection Services, Inc.Court of Appeals for the Ninth Circuit · 2006
  4. Dignity Health v. Seare (In re Seare)United States Bankruptcy Court, D. Nevada · 2013
  5. Drummond v. Wiegand (In Re Wiegand)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2008

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

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