Legal Opinion

In Re Leal

United States Bankruptcy Court, D. Colorado

Decided November 26, 1980No. 19-10918PublishedCited by 12 opinions

1Opinion of the Court

MEMORANDUM OPINION

JOHN P. MOORE, Bankruptcy Judge.

THIS MATTER arises upon the contested confirmation of the Debtors’ Chapter 13 plan. During the course of the hearing on confirmation, creditor Fidelity Financial Services (Fidelity) objected to confirmation on the grounds that the plan was not proposed in good faith. As I believe that the issue here raised is vital to an understanding of the intent and purpose of Chapter 13, I have carefully considered the evidence, relevant case law, and implications of this decision. Having done so, I conclude the position taken by Fidelity is well founded.

On…

2Cases cited3 opinions

  1. Mongiello Bros. Coal Corp. v. Houghtaling Properties Incorporated and 95th Street Center, Inc.Court of Appeals for the Fifth Circuit · 1962
  2. In Re Southern Land Title CorporationDistrict Court, E.D. Louisiana · 1968
  3. Matter of Mallard AssociatesDistrict Court, S.D. New York · 1979

3Cited by12 opinions

  1. In Re Edward J. Waldron, Debtors, Shell Oil Company, Cross-Appellee v. Edward J. Waldron and Elizabeth M. Waldron, His Wife, Cross-AppellantsCourt of Appeals for the Eleventh Circuit · 1986
  2. In Re Gregory A. Lemaire, Debtor. Paul Handeen v. Gregory A. LemaireCourt of Appeals for the Eighth Circuit · 1990
  3. In Re Sar-Manco, Inc.United States Bankruptcy Court, M.D. Florida · 1986
  4. Matter of Welwood Corp.United States Bankruptcy Court, M.D. Florida · 1986
  5. St. Luke Parish Federal Credit Union v. Wourms (In Re Wourms)United States Bankruptcy Court, S.D. Ohio · 1981

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