Legal Opinion

McCarty v. Jenkins (In Re Jenkins)

United States Bankruptcy Appellate Panel for the Eighth Circuit

Decided April 26, 2010No. 09-6064PublishedCited by 4 opinions

1Opinion of the Court

SCHERMER, Bankruptcy Judge.

Mark T. McCarty, Chapter 13 trustee, (the “Trustee”) appeals from the Order denying the Trustee’s Motion to Dismiss the Chapter 13 bankruptcy case of James Terry Clifton Jenkins, II (the “Debtor”). The Trustee claimed that the Debtor was in material default under the terms of his Chapter 13 plan because the plan would not be complete within its sixty month term. The bankruptcy court 1 determined that the Debtor was not in default. The court found that the Debtor had made all payments required under his modified plan. We have jurisdiction over this appeal from the…

2Cases cited12 opinions

  1. Mullane v. Central Hanover Bank & Trust Co.Supreme Court of the United States · 1950
  2. United Student Aid Funds, Inc. v. EspinosaSupreme Court of the United States · 2010
  3. First National Bank of Olathe, Kansas v. Thomas M. Pontow Ann M. PontowCourt of Appeals for the First Circuit · 1997
  4. In the Matter of CHICAGO, MILWAUKEE, ST. PAUL & PACIFIC RAILROAD COMPANY, Debtor. Appeal of CMC HEARTLAND PARTNERSCourt of Appeals for the Seventh Circuit · 1993
  5. Forbes v. Forbes (In Re Forbes)United States Bankruptcy Appellate Panel for the Eighth Circuit · 1997

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

3Cited by4 opinions

  1. Paul Klaas v.Court of Appeals for the Third Circuit · 2017
  2. Alan Boyd Curtis v. Patricia A. SegravesUnited States Bankruptcy Appellate Panel for the Eighth Circuit · 2015
  3. Curtis v. Segraves (In re Segraves)United States Bankruptcy Appellate Panel for the Eighth Circuit · 2015
  4. In re ZellmerUnited States Bankruptcy Court, D. Minnesota · 2012

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