Legal Opinion

Barben v. Donovan (In Re Donovan)

Court of Appeals for the Eleventh Circuit

Decided July 2, 2008No. 07-13915PublishedCited by 49 opinions

1Opinion of the Court

KRAVITCH, Circuit Judge:

This is a bankruptcy appeal. The order under review denies the motion of appellant Barben, an unsecured creditor, to dismiss Donovan’s Chapter 7 bankruptcy case as abusive. The issue presented is whether we have jurisdiction. We conclude that we do not.

I. Statement of Facts

As a result of a divorce settlement, Cindy Barben holds a $54,000 judgment against her ex-husband, Donald Donovan. The judgment is unsecured and is fully dischargeable in bankruptcy. Donovan filed a Chapter 13 bankruptcy petition on February 17, 2004, prior to the passage of the 2005 Bankruptcy Abuse…

2Cases cited14 opinions

  1. Jove Engineering, Inc. v. Internal Revenue ServiceCourt of Appeals for the Eleventh Circuit · 1996
  2. In Re Jartran, Inc., Debtor. Fruehauf Corporation v. Jartran, Inc.Court of Appeals for the Seventh Circuit · 1989
  3. Bankr. L. Rep. P 70,873 in Re the Charter Company, Debtors. The Charter Company v. The Prudential Insurance Company of AmericaCourt of Appeals for the Eleventh Circuit · 1985
  4. At&T Mobility, LLC v. National Ass'n for Stock Car Auto Racing, Inc.Court of Appeals for the Eleventh Circuit · 2007
  5. Walden v. WalkerCourt of Appeals for the Eleventh Circuit · 2008

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

3Cited by49 opinions

  1. McDow v. DudleyCourt of Appeals for the Fourth Circuit · 2011
  2. Richard DeLauro v. Ralph F. PortoCourt of Appeals for the Eleventh Circuit · 2011
  3. Aspen Skiing Co. v. Cherrett (In Re Cherrett)Court of Appeals for the Ninth Circuit · 2017
  4. Clippard v. Ragle (In Re Ragle)District Court, E.D. Kentucky · 2008
  5. Segal v. O'Connell (In re Segal)District Court, E.D. New York · 2016

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

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