Legal Opinion
Helbock v. Strause (In Re Strause)
United States Bankruptcy Court, S.D. California
Decided February 8, 1989No. 19-00378PublishedCited by 18 opinions
1Opinion of the Court
MEMORANDUM DECISION
PETER W. BOWIE, Bankruptcy Judge.
This case presents a troublesome issue regarding the viability of a Chapter 13 case filed while a Chapter 7 case involving the same debtors and debts is pending. The issue is raised by motion for relief from the automatic stay in the Chapter 13 case.
This Court has jurisdiction to hear this matter pursuant to 28 U.S.C. § 1334 and General Order No. 312-D of the United States District Court for the Southern District of California. This is a core proceeding under 28 U.S.C. § 157(b)(2)(G).
In April, 1987 the debtors borrowed $28,-000, evidenced by…
2Cases cited26 opinions
- In Re Julian Roosevelt Goeb and Jane Alma Goeb, Debtors. In Re Julian Roosevelt Goeb and Jane Alma Goeb v. Harry W. Heid, Chapter 13 TrusteeCourt of Appeals for the Ninth Circuit · 1982
- Freshman v. AtkinsSupreme Court of the United States · 1925
- In the Matter of John Joseph METZ, Debtor. DOWNEY SAVINGS AND LOAN ASSOCIATION, Appellant, v. John Joseph METZ, AppelleeCourt of Appeals for the Ninth Circuit · 1987
- Stein v. United Artists Corp.Court of Appeals for the Ninth Circuit · 1982
- Fidelity & Casualty Co. of New York v. Warren (In Re Warren)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1988
21 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- In Re StandfieldUnited States Bankruptcy Court, N.D. Illinois · 1993
- Grimes v. United States, Farmers Home Administration (In Re Grimes)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1990
- In Re LordUnited States Bankruptcy Court, E.D. New York · 2003
- In Re CowanUnited States Bankruptcy Court, W.D. Missouri · 1999
- In Re KosenkaUnited States Bankruptcy Court, N.D. Indiana · 1989
13 more not listed; retrieve them via the Exa API.