Legal Opinion
In Re Gordon
United States Bankruptcy Court, E.D. Pennsylvania
Decided May 23, 1991No. 19-10916PublishedCited by 5 opinions
1Opinion of the Court
OPINION
DAVID A. SCHOLL, Bankruptcy Judge.
A. INTRODUCTION
At issue is whether an obligation of the Debtor arising out of a criminal sentence of restitution is a “contingent” debt, the gross balance of which should be counted in determining whether the Debtor meets the debt ceiling limitation for filing a Chapter 13 bankruptcy case set forth in 11 U.S.C. § 109(e). We reject the Debtor’s contentions that, since the obligation is conditioned on his ability to pay and his survival, the debt is “contingent.” Therefore, the instant case cannot continue to proceed under Chapter 13 of the Bankruptcy…
2Cases cited32 opinions
- Pennsylvania Department of Public Welfare v. DavenportSupreme Court of the United States · 1990
- Heiser v. WoodruffSupreme Court of the United States · 1946
- In Re All Media Properties, Inc.United States Bankruptcy Court, S.D. Texas · 1980
- C. Russell Kelleran, Jr., Eighteen Mile Corporation v. Slavko Andrijevic, A/K/A Al AndrieCourt of Appeals for the Second Circuit · 1987
- Sylvester v. Dow Jones & Co. (In Re Sylvester)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1982
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3Cited by5 opinions
- In Re VerdiUnited States Bankruptcy Court, E.D. Pennsylvania · 1999
- In Re KjellsenUnited States Bankruptcy Court, D. South Dakota · 1993
- In Re MannorUnited States Bankruptcy Court, E.D. Michigan · 1994
- In Re BerenatoUnited States Bankruptcy Court, E.D. Pennsylvania · 1998
- In Re F.B.F. Industries, Inc.United States Bankruptcy Court, E.D. Pennsylvania · 1994