In Re Smith
United States Bankruptcy Court, E.D. Pennsylvania
1Opinion of the Court
MEMORANDUM
BRUCE FOX, Bankruptcy Judge.
Marvin Smith, the chapter 13 debtor, has filed two motions that are interrelated. On November 12, 2007, he filed a motion to modify the terms of his confirmed chapter 13 plan. On the same day, he filed a motion to “reinstate the automatic stay.” Both motions are opposed by U.S. Bank, N.A., trustee as successor to Wachovia Bank, N.A., former trustee. And, at the conclusion of the consolidated evidentiary hearing on these motions, the standing chapter 13 trustee, William C. Miller, Esquire, also opposed both motions.
The following facts were either proven at…
2Cases cited22 opinions
- Dewsnup v. TimmSupreme Court of the United States · 1992
- In the Matter of Ronald J. Witkowski, Debtor-AppellantCourt of Appeals for the Seventh Circuit · 1994
- Barbosa v. SolomonCourt of Appeals for the First Circuit · 2000
- In Re Commercial Western Finance Corporation, a California Corporation, Debtor. Bernard J. Brady and Paul L. Disderdick v. Paul B. Andrew, Trustee, Frank B. Amsbaugh v. Paul B. Andrew, Bailey Toplin, Parties-In-Interest v. Commercial Western Finance Corp., Debtor-Appellant. Raymond E. Brooks, Claimants-Appellants v. Paul B. Andrew, Trustee-AppelleeCourt of Appeals for the Ninth Circuit · 1985
- In the Matter of John W. Foster, Jr. And Myrtha D. Foster, Debtors. John W. Foster, Jr., and Myrtha D. Foster v. William Heitkamp, TrusteeCourt of Appeals for the Fifth Circuit · 1982
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3Cited by2 opinions
- Smith v. United States (In Re Smith)United States Bankruptcy Court, W.D. Pennsylvania · 2011
- Leslie Dionne HughesUnited States Bankruptcy Court, N.D. Georgia · 2020