Legal Opinion

In Re Day

United States Bankruptcy Court, E.D. Pennsylvania

Decided May 15, 1997No. 19-10178PublishedCited by 23 opinions

1Opinion of the Court

OPINION

DAVID A. SCHOLL, Chief Judge.

A INTRODUCTION

In this Opinion, we address several issues common to three Chapter 13 cases filed by public housing tenants within six years of their having filed Chapter 7 cases in which they previously received discharges.

We grant the Objection of the Chester Housing Authority (“the CHA”) by its receiver, Robert C. Rosenberg, Esquire, to confirmation of the Debtors’ plans, since they con template only nominal payments to the CHA. We hold that, in Chapter 13 cases like these, which are essentially serial successors to Chapter 7 cases, the CHA’s allowed…

2Cases cited47 opinions

  1. Mitsubishi Motors Corp. v. Soler Chrysler-Plymouth, Inc.Supreme Court of the United States · 1985
  2. Shearson/American Express Inc. v. McMahonSupreme Court of the United States · 1987
  3. Granfinanciera, S.A. v. NordbergSupreme Court of the United States · 1989
  4. Hays and Company, as Trustee for Monge Oil Corporation v. Merrill Lynch, Pierce, Fenner & Smith, Inc.Court of Appeals for the Third Circuit · 1989
  5. Pugh v. HolmesSupreme Court of Pennsylvania · 1979

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3Cited by23 opinions

  1. Matter of National Gypsum Co.Court of Appeals for the Fifth Circuit · 1997
  2. Insurance Co. of North America v. NGC Settlement Trust & Asbestos Claims Management Corp.Court of Appeals for the Fifth Circuit · 1997
  3. Stumpf v. McGee (In Re O'Connor)Court of Appeals for the Fifth Circuit · 2001
  4. In Re Laura Stoltz, Debtor. Laura Stoltz, Debtor-Appellee v. Brattleboro Housing Authority, Creditor-Appellant, United States Trustee and Raymond J. Obuchowski, Chapter 7 Trustee, TrusteesCourt of Appeals for the Second Circuit · 2002
  5. In Re BaconUnited States Bankruptcy Court, E.D. Pennsylvania · 1997

18 more not listed; retrieve them via the Exa API.

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