Legal Opinion

Henrichsen v. Scovis (In Re Scovis)

United States Bankruptcy Appellate Panel for the Ninth Circuit

Decided March 5, 1999No. BAP Nos. CC-98-1064-BKJ, CC-98-1219, Bankruptcy No. SV 96-22481-KLPublishedCited by 10 opinions

1Opinion of the Court

OPINION

BRANDT, Bankruptcy Judge.

Appellant objected to the debtors’ Chapter 13 plan on grounds of ineligibility and lack of good faith. The bankruptcy court overruled appellant’s objections and confirmed the plan. Concluding that the debtors’ homestead exemption must be considered in determining their eligibility, we REVERSE and REMAND.

I. FACTS

Debtors Arthur and Jenny Scovis filed a Chapter 11 1 petition in February of 1994. At the time, both debtors were attorneys actively practicing law under the law partnership of Scovis and Scovis. The case was converted to Chapter 7 in August of 1994, and…

2Cases cited25 opinions

  1. Anderson v. City of Bessemer CitySupreme Court of the United States · 1985
  2. Pennsylvania Department of Public Welfare v. DavenportSupreme Court of the United States · 1990
  3. Owen v. OwenSupreme Court of the United States · 1991
  4. Milgard Tempering, Inc., Plaintiff-Appellee/cross-Appellant v. Selas Corporation of America, a Foreign Corporation, Defendant-Appellant/cross-AppelleeCourt of Appeals for the Ninth Circuit · 1990
  5. Harriet Rissetto v. Plumbers and Steamfitters Local 343, a Business Entity, Form Unknown, Michael Beavers and Does 1-25, InclusiveCourt of Appeals for the Ninth Circuit · 1996

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3Cited by10 opinions

  1. In Re: Arthur Lionel Scovis Jenny Scovis, Debtors. Arthur Lionel Scovis Jenny Scovis v. Christen Brun HenrichsenCourt of Appeals for the Ninth Circuit · 2001
  2. Soderlund v. Cohen (In Re Soderlund)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1999
  3. Katz v. Pike (In Re Pike)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1999
  4. Drummond v. Cavanagh (In Re Cavanagh)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2000
  5. Moen v. Hull (In Re Hull)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2000

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