Legal Opinion

Zahn v. Fink (In Re Zahn)

United States Bankruptcy Appellate Panel for the Eighth Circuit

Decided March 20, 2007No. BAP 06-6072WMPublishedCited by 8 opinions

1Opinion of the Court

KRESSEL, Chief Judge.

The debtor appeals from a bankruptcy court1 order which confirmed her second amended chapter 13 plan. We dismiss the appeal for lack of jurisdiction.

BACKGROUND

The debtor filed her chapter 13 petition on April 11, 2006. On April 25, 2006, she filed her statement of current monthly income along with her schedules. The statement of current monthly income did not include the distribution that her non-filing spouse had taken from his IRA account. Without the inclusion of the money from the IRA distribution in the debtor’s income calculation, her income was below the applicable…

2Cases cited12 opinions

  1. Electrical Fittings Corp. v. ThomasSupreme Court of the United States · 1939
  2. Robert Franklin v. District of ColumbiaCourt of Appeals for the D.C. Circuit · 1999
  3. Inalene Lewis v. United States of America, Farmers Home AdministrationCourt of Appeals for the Eighth Circuit · 1993
  4. In Re: Francis O'brien, Debtor. Francis O'Brien v. State of Vermont, Agency of Natural ResourcesCourt of Appeals for the Second Circuit · 1999
  5. In Re Pleasant Woods Associates Limited Partnership, Debtor. Pleasant Woods Associates Limited Partnership v. Simmons First National BankCourt of Appeals for the First Circuit · 1993

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3Cited by8 opinions

  1. Zahn v. Fink (In Re Zahn)United States Bankruptcy Appellate Panel for the Eighth Circuit · 2008
  2. Bullard v. Hyde Park Savings Bank (In Re Bullard)Court of Appeals for the First Circuit · 2014
  3. O & S Trucking, Inc. v. Mercedes Benz Financial Services USA (In re O & S Trucking, Inc.)United States Bankruptcy Appellate Panel for the Eighth Circuit · 2015
  4. Goldstein v. Diamond (In re Diamond)United States Bankruptcy Appellate Panel for the Eighth Circuit · 2015
  5. Michael Jay Goldstein v. Richard Allen DiamondUnited States Bankruptcy Appellate Panel for the Eighth Circuit · 2015

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

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