Legal Opinion
Bandilli C. Boyajian (In Re Bandilli)
Bankruptcy Appellate Panel of the First Circuit
Decided March 23, 1999No. BAP RI 98-025PublishedCited by 16 opinions
1Per curiam
The Debtors, Francis Bandilli and Diane Bandilli, (the “Debtors”) appeal from the bankruptcy court order denying the Debtors’ motion for a hardship discharge. For the reasons set forth, we affirm.
JURISDICTION
The bankruptcy appellate panel has jurisdiction of the appeal pursuant to 28 U.S.C. § 158(b).
STANDARD OF REVIEW
The grant or denial of a debtor’s request for a hardship discharge is within the discretion of the bankruptcy court, and the standard of review is abuse of discretion. Judicial discretion is described by the First Circuit as “necessarily broad — but it is not absolute. Abuse…
2Cases cited8 opinions
- The Independent Oil and Chemical Workers of Quincy, Inc. v. The Procter & Gamble Manufacturing CompanyCourt of Appeals for the First Circuit · 1988
- In Re WhiteUnited States Bankruptcy Court, N.D. Illinois · 1991
- In Re DarkUnited States Bankruptcy Court, N.D. Ohio · 1988
- In Re BondUnited States Bankruptcy Court, E.D. North Carolina · 1984
- Zeitler v. Zeitler (In Re Zeitler)Bankruptcy Appellate Panel of the First Circuit · 1998
3 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Roberts v. Boyajian (In Re Roberts)Court of Appeals for the First Circuit · 2002
- In Re YoungUnited States Bankruptcy Court, E.D. Wisconsin · 2007
- Roberts v. Boyajian (In Re Roberts)Bankruptcy Appellate Panel of the First Circuit · 2000
- In Re GriceUnited States Bankruptcy Court, E.D. Michigan · 2004
- In re ShorterUnited States Bankruptcy Court, E.D. Arkansas · 2015
11 more not listed; retrieve them via the Exa API.