American Express Bank, FSB v. Smith (In Re Smith)
United States Bankruptcy Appellate Panel for the Ninth Circuit
1Opinion of the Court
OPINION
MONTALI, Bankruptcy Judge:
In this case we decide an issue that has come before many courts throughout the country, but not before this Panel or the United States Court of Appeals for the Ninth Circuit. It is a problem that has vexed the bankruptcy bench and bar since the law was changed in 2005: may a debt- or “deduct” secured debt payments not being paid because the property has been surrendered? We part company with several of our colleagues and conclude that debtors may not take those deductions.1 Our conclusion is reinforced by a persuasive and compelling statement from our own…
2Cases cited25 opinions
- United States v. Ron Pair Enterprises, Inc.Supreme Court of the United States · 1989
- Lamie v. United States TrusteeSupreme Court of the United States · 2004
- United States v. Michael JohnsonCourt of Appeals for the Ninth Circuit · 2001
- Maney v. KagenveamaCourt of Appeals for the Ninth Circuit · 2008
- In Re Farrar-JohnsonUnited States Bankruptcy Court, N.D. Illinois · 2006
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3Cited by16 opinions
- In re: David C. Welsh and Sharon N. WelshUnited States Bankruptcy Appellate Panel for the Ninth Circuit · 2012
- Samson v. Western Capital Partners, LLC (In re Blixseth)Court of Appeals for the Ninth Circuit · 2012
- Yarnall v. Martinez (In Re Martinez)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2009
- Samson v. Western Capital Partners, LLC (In Re Blixseth)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2011
- Meyer v. Scholz (In Re Scholz)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2011
11 more not listed; retrieve them via the Exa API.