Legal Opinion

In Re Setelin

United States Bankruptcy Court, E.D. Virginia

Decided February 19, 1998No. 19-70769PublishedCited by 3 opinions

1Opinion of the Court

MEMORANDUM OPINION

DOUGLAS O. TICE, Jr., Bankruptcy Judge.

Hearing was held January 14,1998, on the motion to dismiss debtors’ bankruptcy case filed by judgment creditor Mark G. Moseley and debtors’ objection to the proof of claim filed by Moseley. Moseley contends that debtors’ noncontingent, liquidated, unsecured debts exceed the limitations set forth in 11 U.S.C. § 109(e) rendering them ineligible to be Chapter 13 debtors therefore dismissal for cause is appropriate under 11 U.S.C. § 1307(c). Debtors argue that Moseley waived his right to challenge § 109(e) eligibility by failing to file his…

2Cases cited5 opinions

  1. Jones v. United States, Department of the Treasury, Internal Revenue Service (In Re Jones)District Court, N.D. Illinois · 1991
  2. Lamar v. United States (In Re Lamar)District Court, D. Nevada · 1990
  3. Franklin Federal Bancorp, FSB v. Lochamy (In Re Lochamy)District Court, N.D. Georgia · 1995
  4. In Re VerdunnUnited States Bankruptcy Court, M.D. Florida · 1997
  5. In Re NikoloutsosUnited States Bankruptcy Court, E.D. Texas · 1996

3Cited by3 opinions

  1. In Re NewmanUnited States Bankruptcy Court, M.D. Florida · 2001
  2. In re PfetzerUnited States Bankruptcy Court, E.D. Kentucky · 2018
  3. Iron Horse Welding, LLC v. BeachDistrict Court, D. New Mexico · 2024

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