Legal Opinion
In re Pfetzer
United States Bankruptcy Court, E.D. Kentucky
Decided March 22, 2018No. CASE NO. 17–20802PublishedCited by 5 opinions
1Opinion of the Court
Tracey N. Wise, Bankruptcy Judge
This matter is before the Court on Creditor Monmouth EFM, LLC's Motion to Dismiss this case for lack of good faith under 11 U.S.C. § 1307(c).1 [ECF No. 41 (the "Motion").] The parties presented written arguments on the Motion [ECF Nos. 51, 56, 57] and the Court heard the arguments of counsel.2 The Court is faced *423with a narrow issue to decide: can a creditor assert a failure to meet the good faith requirement of § 1325(a)(7) as "cause" to dismiss where the creditor has filed to timely object to plan confirmation on that basis? Or, stated differently, can §…
2Cases cited19 opinions
- Marrama v. Citizens Bank of Mass.Supreme Court of the United States · 2007
- In the Matter of Robert John Love, Debtor-AppellantCourt of Appeals for the Seventh Circuit · 1992
- In Re Margaret J. Myers, Debtor. Margaret J. MyersCourt of Appeals for the Third Circuit · 2007
- In the Matter of Timothy R. Pearson and Mary T. Pearson, Debtors. Comprehensive Accounting Corporation v. Timothy R. Pearson and Mary T. PearsonCourt of Appeals for the Sixth Circuit · 1985
- In Re Albert H. Caldwell, Debtor. James E. Hardin, James C. Hardin, and Ralph Majors, Cross-Appellants v. Albert H. Caldwell, Cross-AppelleeCourt of Appeals for the Sixth Circuit · 1990
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3Cited by5 opinions
- In re LaneBankruptcy Appellate Panel of the Sixth Circuit · 2018
- Bonny M. EsquibelUnited States Bankruptcy Court, D. New Mexico · 2022
- Dakeela S. BurkesUnited States Bankruptcy Court, E.D. Wisconsin · 2023
- In re LaneBankruptcy Appellate Panel of the Sixth Circuit · 2018
- Michael T. Spangler v. Catherine M. ByrneUnited States Bankruptcy Court, N.D. Illinois · 2023