Legal Opinion

Fridley v. Forsythe (In Re Fridley)

United States Bankruptcy Appellate Panel for the Ninth Circuit

Decided December 18, 2007No. BAP No. 07-1276-KMoJ, Bankruptcy No. 06-40424-PBSPublishedCited by 43 opinions

1Opinion of the Court

OPINION

KLEIN, Bankruptcy Judge.

This appeal from denial of a motion for entry of discharge presents the problem of whether and how a debtor may prepay a chapter 13 plan and obtain an early discharge. The precise question is whether the phrases “completion by the debtor of all payments under the plan” and “completion of payments under [the] plan” in 11 U.S.C. §§ 1328(a) and 1329(a) include an implied temporal requirement that the plan remain in effect for its designated duration unless the plan is formally modified.

Our answer prior to the Bankruptcy Abuse Prevention and Consumer Protection Act…

2Cases cited11 opinions

  1. 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
  2. In Re SlusherUnited States Bankruptcy Court, D. Nevada · 2007
  3. Sunahara v. Burchard (In Re Sunahara)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2005
  4. In Re Bce West, L.P., Debtor, Einstein/noah Bagel Corp. v. Gerald K. SmithCourt of Appeals for the Ninth Circuit · 2003
  5. In Re: Katherine D. Weiner, Debtor. Steven L. Weiner v. Perry, Settles & Lawson, Inc.Court of Appeals for the Ninth Circuit · 1998

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3Cited by43 opinions

  1. Baud v. CarrollCourt of Appeals for the Fifth Circuit · 2011
  2. In Re WilliamsUnited States Bankruptcy Court, D. Colorado · 2008
  3. Ana Flores v. Rod DanielsonCourt of Appeals for the Ninth Circuit · 2013
  4. Drummond v. Wiegand (In Re Wiegand)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2008
  5. In Re MattsonUnited States Bankruptcy Appellate Panel for the Ninth Circuit · 2012

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

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