Legal Opinion

Brown v. Sobczak (In Re Sobczak)

United States Bankruptcy Appellate Panel for the Ninth Circuit

Decided May 11, 2007No. BAP No. 06-1397-BrMoPa, Bankruptcy No. 06-00030-RJHPublishedCited by 28 opinions

1Opinion of the Court

OPINION

BROWN, Bankruptcy Judge.

This appeal arises from the bankruptcy court’s order granting Debtor-Appellee’s motion to dismiss his chapter 13 case. 2 For the reasons set forth below we REVERSE the bankruptcy court’s order granting Debtor-Appellee’s motion to dismiss.

I. FACTS

Appellee filed a voluntary chapter 7 petition on March 12, 2006. He scheduled a single parcel of real property, his residence, located in Kingman, Arizona (the “Property”). Appellee valued the Property, which was subject to two liens totaling $113,724.00, at $200,000.00. Appellee claimed a $150,000 homestead exemption in…

2Cases cited13 opinions

  1. United States v. Ron Pair Enterprises, Inc.Supreme Court of the United States · 1989
  2. Robinson v. Shell Oil Co.Supreme Court of the United States · 1997
  3. Reves v. Ernst & YoungSupreme Court of the United States · 1993
  4. United States v. Calvin Wayne BucklandCourt of Appeals for the Ninth Circuit · 2002
  5. In Re Johns-Manville Corp.United States Bankruptcy Court, S.D. New York · 1984

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3Cited by28 opinions

  1. Torres Martinez v. Arce (Torres Martinez)Bankruptcy Appellate Panel of the First Circuit · 2008
  2. Cruz v. Stein Strauss Trust 1361 (In Re Cruz)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2014
  3. In Re De La SalleUnited States Bankruptcy Appellate Panel for the Ninth Circuit · 2011
  4. Reynolds v. Bank of Canton (In Re Reynolds)District Court, D. Massachusetts · 2011
  5. Hardy v. Ross (In re Hardy)Court of Appeals for the D.C. Circuit · 2018

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