Legal Opinion
Kim Michael Fonder, Sr. v. United States
Court of Appeals for the Eighth Circuit
Decided September 9, 1992No. 91-2872PublishedCited by 66 opinions
1Opinion of the Court
LOKEN, Circuit Judge.
Kim Michael Fonder appeals the district court 1 judgment affirming the bankruptcy court’s 2 dismissal of his Chapter 7 bankruptcy petition. The bankruptcy court held that the petition was a “substantial abuse” of Chapter 7 within the meaning of § 707(b) of the Bankruptcy Code, 11 U.S.C. § 707(b), because Fonder has the financial ability to fund a Chapter 13 plan that will repay a substantial portion of his unsecured debt in three to five years. Fonder argues that this was the wrong legal standard and a clearly erroneous finding. We affirm.
I
Fonder’s voluntary Chapter 7…
2Cases cited8 opinions
- United States v. KrasSupreme Court of the United States · 1973
- In Re Charles Ellsworth Krohn AKA Charles E. Krohn, Appellant/debtorCourt of Appeals for the Sixth Circuit · 1989
- In Re Ronald Carlester WaltonCourt of Appeals for the Eighth Circuit · 1989
- Gary D. Hanson, Sandra Kay Hanson v. First Bank of South Dakota, N.A.Court of Appeals for the First Circuit · 1987
- United States Trustee v. Ronald Moses Harris and Rhonda Joann HarrisCourt of Appeals for the Eighth Circuit · 1992
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3Cited by66 opinions
- In Re Eugene Wayne Koch, Debra Marie Nelson-Koch, Debtors. Barbara G. Stuart, United States Trustee v. Eugene Wayne Koch, Debra Marie Nelson-KochCourt of Appeals for the Eighth Circuit · 1997
- United States Trustee v. CortezCourt of Appeals for the Fifth Circuit · 2006
- In Re SchnabelUnited States Bankruptcy Court, N.D. Illinois · 1993
- Huckfeldt v. Huckfeldt (In re Huckfeldt)Court of Appeals for the Eighth Circuit · 1994
- In Re KhanUnited States Bankruptcy Court, D. Minnesota · 1994
61 more not listed; retrieve them via the Exa API.