Legal Opinion
Morse v. Rudler
Court of Appeals for the First Circuit
Decided August 5, 2009No. 08-9007PublishedCited by 9 opinions
1Opinion of the Court
LIPEZ, Circuit Judge.
This bankruptcy appeal requires us to resolve a question of statutory construction that has divided bankruptcy courts and has not yet been addressed by any other circuit: whether the means test for identifying an abusive Chapter 7 petition allows a debtor to deduct from his income the installment payments due for property he plans to surrender in the bankruptcy. See 11 U.S.C. § 707(b)(2). Both the bankruptcy court and the Bankruptcy Appellate Panel (“BAP”) held that such a deduction is permitted because, at the time the disposable income calculation is performed, such…
2Cases cited26 opinions
- United States v. Ron Pair Enterprises, Inc.Supreme Court of the United States · 1989
- Lamie v. United States TrusteeSupreme Court of the United States · 2004
- Hartford Underwriters Insurance v. Union Planters Bank, N. A.Supreme Court of the United States · 2000
- In Re HardacreUnited States Bankruptcy Court, N.D. Texas · 2006
- In Re Eugene Wayne Koch, Debra Marie Nelson-Koch, Debtors. Barbara G. Stuart, United States Trustee v. Eugene Wayne Koch, Debra Marie Nelson-KochCourt of Appeals for the Eighth Circuit · 1997
21 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Jeffrey P. White & Associates, P.C. v. Fessenden (Wheaton)Bankruptcy Appellate Panel of the First Circuit · 2016
- Rice, Heitman & Davis, S.C. v. Sasse (In Re Sasse)United States Bankruptcy Court, W.D. Wisconsin · 2010
- Darrohn v. Hildebrand (In Re Darrohn)Court of Appeals for the Sixth Circuit · 2010
- American Express Bank, FSB v. Smith (In Re Smith)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2009
- Yarnall v. Martinez (In Re Martinez)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2009
4 more not listed; retrieve them via the Exa API.