Legal Opinion
In re Rivera
United States Bankruptcy Court, D. Arizona
Decided March 28, 2019No. Case No. 2:13-bk-20842-MCWPublishedCited by 7 opinions
1Opinion of the Court
Madeleine C. Wanslee, Bankruptcy Judge
Chapter 13 Trustee Russell Brown ("Trustee Brown") filed a Motion to Dismiss ("Motion") this bankruptcy case under 11 U.S.C. § 1307(c)(6) of the Bankruptcy Code.1 Even though he has received and disbursed all payments that the plan required that his office receive, Trustee Brown argues that Debtors Robert and Margarita Rivera defaulted on a material term of their confirmed plan by not making all their direct post-petition mortgage payments, rendering them ineligible for a discharge under 11 U.S.C. § 1328(a). The Court concludes that Debtors' failure to…
2Cases cited17 opinions
- Grogan v. GarnerSupreme Court of the United States · 1991
- United Student Aid Funds, Inc. v. EspinosaSupreme Court of the United States · 2010
- Marrama v. Citizens Bank of Mass.Supreme Court of the United States · 2007
- Bankr. L. Rep. P 70,524 in Re Cloyd W. Devers and Barbara Devers, Debtors. Cloyd W. Devers and Barbara Devers v. Bank of Sheridan, MontanaCourt of Appeals for the Ninth Circuit · 1985
- In Re Pacific Atlantic Trading Co., Debtor. United States of America, Claimant-Appellant v. Robert F. Towers, Trustee-AppelleeCourt of Appeals for the Ninth Circuit · 1994
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3Cited by7 opinions
- In re: David Mrdutt and Christina MrduttUnited States Bankruptcy Appellate Panel for the Ninth Circuit · 2019
- ANTONIO F POLVOROSAUnited States Bankruptcy Court, D. Nevada · 2020
- In Re: GravelCourt of Appeals for the Second Circuit · 2021
- In re: Kirk Eugene Frantz AND Mary Elizabeth FrantzUnited States Bankruptcy Appellate Panel for the Ninth Circuit · 2023
- In re: Kirk Eugene Frantz AND Mary Elizabeth FrantzUnited States Bankruptcy Appellate Panel for the Ninth Circuit · 2023
2 more not listed; retrieve them via the Exa API.