Legal Opinion

In Re Elmer Claire Rasmussen. Pioneer Bank of Longmont, Creditor-Appellant v. Elmer Claire Rasmussen, Debtor-Appellee

Court of Appeals for the Tenth Circuit

Decided November 1, 1989No. 88-2593PublishedCited by 62 opinions

1Per curiam

This case presents the issue of what conduct constitutes bad faith sufficient to deny confirmation of a Chapter 13 plan. Elmer Claire Rasmussen, the debtor, had more than $100,000 in unsecured debts, including a debt of more than $40,000 to the Pioneer Bank of Longmont (Pioneer). Mr. Rasmussen filed for relief under a Chapter 7 bankruptcy proceeding. All of his unsecured debts were discharged with the exception of his debt to Pioneer. The bankruptcy court in the Chapter 7 action found that the debt to Pioneer had been obtained through fraud, refused to discharge the debt through the…

2Cases cited21 opinions

  1. In Re Ronald Estus and Doris Estus, Debtors. United States of America v. Ronald EstusCourt of Appeals for the Eighth Circuit · 1982
  2. In Re Charles E. Kitchens and Olivia L. Kitchens, Bankrupt. Charles E. Kitchens and Olivia L. Kitchens v. Georgia Railroad Bank and Trust CompanyCourt of Appeals for the Eleventh Circuit · 1983
  3. In Re Julian Roosevelt Goeb and Jane Alma Goeb, Debtors. In Re Julian Roosevelt Goeb and Jane Alma Goeb v. Harry W. Heid, Chapter 13 TrusteeCourt of Appeals for the Ninth Circuit · 1982
  4. Margaret Ann Deans v. Gerald O'donnell, Trustee, in Re Margaret Ann DeansCourt of Appeals for the Fourth Circuit · 1982
  5. Education Assistance Corporation v. William Wesley ZellnerCourt of Appeals for the Eighth Circuit · 1987

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3Cited by62 opinions

  1. In Re Gregory A. Lemaire, Debtor. Paul Handeen v. Gregory A. LemaireCourt of Appeals for the Eighth Circuit · 1990
  2. In Re Robert Arlin Gier, Debtor-Appellant, Robert Arlin Gier v. Farmers State Bank of Lucas, KansasCourt of Appeals for the Tenth Circuit · 1993
  3. In Re Joseph and Sandra Schaitz, Debtors. Appeal of Gwenn L. Webb and Colton WebbCourt of Appeals for the Seventh Circuit · 1990
  4. Mason v. YoungCourt of Appeals for the Tenth Circuit · 2001
  5. In Re Paul ROBINSON, Debtor. Paul ROBINSON, Appellant, v. Mary Elaine TENANTRY, AppelleeCourt of Appeals for the Tenth Circuit · 1993

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