Legal Opinion

In the Matter of Eugene Arthur Day, Debtor-Appellant

Court of Appeals for the Seventh Circuit

Decided October 26, 1984No. 83-1461PublishedCited by 48 opinions

1Opinion of the Court

COFFEY, Circuit Judge.

Debtor Eugene A. Day filed a Chapter 13 bankruptcy petition, claiming unsecured debts of $65,000 and secured debts of $161,000 in his schedules and statements. Creditor Medical Funding Services (“MFS”) moved to dismiss the petition, claiming that debtor’s unsecured obligations actually exceeded $100,000, in violation of 11 U.S.C. § 109(e). That section provides that “[o]nly an individual with regular income that owes, on the date of the filing of the petition, noncontingent, liquidated, unsecured debts of less than $100,000 and non-contingent, liquidated, secured debts…

2Cases cited4 opinions

  1. In Re BallardUnited States Bankruptcy Court, E.D. Virginia · 1980
  2. DeKalb Bank v. Flaherty (In Re Flaherty)United States Bankruptcy Court, N.D. Illinois · 1981
  3. In Re BobroffUnited States Bankruptcy Court, E.D. Pennsylvania · 1983
  4. In Re HeyerUnited States Bankruptcy Court, E.D. Virginia · 1981

3Cited by48 opinions

  1. In Re: Arthur Lionel Scovis Jenny Scovis, Debtors. Arthur Lionel Scovis Jenny Scovis v. Christen Brun HenrichsenCourt of Appeals for the Ninth Circuit · 2001
  2. Matter of McGovernUnited States Bankruptcy Court, N.D. Indiana · 1990
  3. Robert Miller v. United States of America, Acting Through the Farmers Home AdministrationCourt of Appeals for the Eighth Circuit · 1990
  4. In Re TorontoUnited States Bankruptcy Court, D. Connecticut · 1994
  5. Soderlund v. Cohen (In Re Soderlund)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1999

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