Legal Opinion

Franklin Federal Bancorp, FSB v. Lochamy (In Re Lochamy)

District Court, N.D. Georgia

Decided December 26, 1995No. Bankruptcy A95-63763-SWCPublishedCited by 15 opinions

1Opinion of the Court

ORDER

STACEY W. COTTON, Chief Judge'.

This matter is before the court on a Motion to Dismiss or Convert filed by Franklin Federal Bancorp, FSB (“movant”). Movant seeks a dismissal or conversion of debtor’s case on the ground that he is ineligible to be a debtor under Chapter 13 because his unsecured debt exceeds the $250,000 limit of 11 U.S.C. § 109(e). This is a core proceeding. 28 U.S.C. § 157(b)(2)(A) & (L). The court’s findings of fact and conclusions of law are set forth hereinafter.

Respondent Fred Samuel Lochamy (“debt- or”), was the chief executive officer and a shareholder of American…

2Cases cited36 opinions

  1. Insurance Corp. of Ireland v. Compagnie Des Bauxites De GuineeSupreme Court of the United States · 1982
  2. Federated Department Stores, Inc. v. MoitieSupreme Court of the United States · 1981
  3. Brown v. FelsenSupreme Court of the United States · 1979
  4. In Re Fred J. Szostek, Denise M. SzostekCourt of Appeals for the Third Circuit · 1989
  5. Reed v. AllenSupreme Court of the United States · 1932

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3Cited by15 opinions

  1. In Re RossUnited States Bankruptcy Court, N.D. Georgia · 2006
  2. Impac Funding Corp. v. Simpson (In Re Simpson)United States Bankruptcy Appellate Panel for the Eighth Circuit · 1999
  3. Duplessis v. Valenti (In Re Valenti)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2004
  4. In Re VerdunnUnited States Bankruptcy Court, M.D. Florida · 1997
  5. In Re PerkinsUnited States Bankruptcy Court, S.D. Illinois · 2007

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