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Legal Opinion

Downey Savings & Loan Ass'n v. Metz (In Re Metz)

United States Bankruptcy Appellate Panel for the Ninth Circuit

Decided September 26, 1986No. BAP No. SC-85-1235-AbEAs, Bankruptcy No. SD 85-02003-M13PublishedCited by 22 opinions

1Opinion of the Court

OPINION

ABRAHAMS, Bankruptcy Judge:

Downey Savings & Loan Association (“Downey”) appeals from the bankruptcy court’s confirmation of a Chapter 13 debt- or’s composition plan. The debtor Metz, who is the appellee, filed three bankruptcy petitions within six months. After receiving a discharge in the first of his bankruptcy cases, a Chapter 7, Metz filed two consecutive Chapter 13 petitions. This procedure is often called a “Chapter 20” (a Chapter 7 plus a Chapter 13). Downey argues that Chapter 20’s are always filed in bad faith and that plans proposed in Chapter 20 cases must always be denied…

2Cases cited28 opinions

  1. In Re Joseph C. Taddeo and Ellen A. Taddeo, Debtors. Elfriede Di Pierro v. Joseph C. Taddeo and Ellen A. Taddeo and Richard J. McCord Interim TrusteeCourt of Appeals for the Second Circuit · 1982
  2. In Re American Mariner Industries, Inc., Debtor. Crocker National Bank v. American Mariner Industries, Inc., Debtor-AppelleeCourt of Appeals for the Ninth Circuit · 1984
  3. In Re Ronald Estus and Doris Estus, Debtors. United States of America v. Ronald EstusCourt of Appeals for the Eighth Circuit · 1982
  4. In Re Charles E. Kitchens and Olivia L. Kitchens, Bankrupt. Charles E. Kitchens and Olivia L. Kitchens v. Georgia Railroad Bank and Trust CompanyCourt of Appeals for the Eleventh Circuit · 1983
  5. 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

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3Cited by22 opinions

  1. 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
  2. Bryant v. Pennsylvania Higher Education Assistance Agency (In Re Bryant)United States Bankruptcy Court, E.D. Pennsylvania · 1987
  3. In Re StandfieldUnited States Bankruptcy Court, N.D. Illinois · 1993
  4. In Re McKissieUnited States Bankruptcy Court, N.D. Illinois · 1989
  5. In Re CushmanUnited States Bankruptcy Court, E.D. Virginia · 1998

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