Legal Opinion
In Re Eugene Wayne Koch, Debra Marie Nelson-Koch, Debtors. Barbara G. Stuart, United States Trustee v. Eugene Wayne Koch, Debra Marie Nelson-Koch
Court of Appeals for the Eighth Circuit
Decided March 28, 1997No. 96-1541PublishedCited by 125 opinions
1Opinion of the Court
LOKEN, Circuit Judge.
We again consider the relationship between two provisions added to the Bankruptcy Code in 1984 — the power to dismiss a Chapter 7 proceeding if debtor’s discharge would result in “substantial abuse,” 11 U.S.C. § 707(b), and the requirement that Chapter 13 debtors repay unsecured creditors with post-petition “disposable income,” § 1325(b)(1)(B). We have previously held that a Chapter 7 debtor’s ability to fund a Chapter 13 plan “is the primary factor to be considered in determining whether granting relief would be substantial abuse.” In re Walton, 866 F.2d 981, 984-85 (8th…
2Cases cited24 opinions
- In the Matter of Daniel J. YONIKUS and Carolyn S. Yonikus, Debtors. Appeal of Daniel J. YONIKUSCourt of Appeals for the Seventh Circuit · 1993
- In Re Ronald Carlester WaltonCourt of Appeals for the Eighth Circuit · 1989
- In the Matter of Richard E. BARKER, Debtor-AppellantCourt of Appeals for the Seventh Circuit · 1985
- United States Trustee v. Ronald Moses Harris and Rhonda Joann HarrisCourt of Appeals for the Eighth Circuit · 1992
- Regan v. RossCourt of Appeals for the Second Circuit · 1982
19 more not listed; retrieve them via the Exa API.
3Cited by125 opinions
- In Re William M. Behlke and Dina E. Behlke, Debtors, William M. Behlke and Dina E. Behlke v. Saul Eisen, United States TrusteeCourt of Appeals for the Sixth Circuit · 2004
- Forbes v. Forbes (In Re Forbes)United States Bankruptcy Appellate Panel for the Eighth Circuit · 1997
- Stewart v. United States Trustee (In Re Stewart)Court of Appeals for the Tenth Circuit · 1999
- United States Trustee v. CortezCourt of Appeals for the Fifth Circuit · 2006
- In Re: Farmland Industries, Inc., Debtor. Official Committee of Unsecured Creditors v. Farmland Industries, Inc.Court of Appeals for the Eighth Circuit · 2005
120 more not listed; retrieve them via the Exa API.