Legal Opinion

In Re Kutner

United States Bankruptcy Court, N.D. Texas

Decided March 3, 1980No. 19-30788PublishedCited by 20 opinions

1Opinion of the Court

OPINION

JOHN C. FORD, Bankruptcy Judge.

These three Chapter 13 cases 1 are all filed under the new Code. Since all present the common issue, does the Trustee have standing under Section 1307(c) 2 to file an application for conversion, they have been heard and considered jointly.

The schedules in each case reflect total debts in excess of the maximum limits set for a Chapter 13 Debtor by Section 109(e) 3 . Inasmuch as the Northern District of Texas is designated as a pilot district under Section 1501, it fell to the United States Trustee to provide a Trustee in each case. Section 151302(a). He…

2Cases cited5 opinions

  1. In re SullyCourt of Appeals for the Second Circuit · 1907
  2. Rosenbaum v. DuttonCourt of Appeals for the Eighth Circuit · 1913
  3. In re Devonian Mineral Spring Co.District Court, N.D. Ohio · 1920
  4. In Re Transatlantic and Pacific Corp.District Court, S.D. New York · 1963
  5. In Re Statewide Theatres CorporationDistrict Court, D. Delaware · 1933

3Cited by20 opinions

  1. Bruce K. Cable, as Debtor in Possession v. Ivy Tech State CollegeCourt of Appeals for the Seventh Circuit · 1999
  2. In Re LambertUnited States Bankruptcy Court, D. Utah · 1984
  3. Craig Corp. v. Albano (In Re Albano)District Court, N.D. Illinois · 1985
  4. Russo v. Ciavarella (In Re Ciavarella)United States Bankruptcy Court, S.D. New York · 1983
  5. In Re PulliamUnited States Bankruptcy Court, N.D. Texas · 1988

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