Legal Opinion
Wolff v. Wells Fargo Bank
Court of Appeals for the Ninth Circuit
Decided May 1, 1980No. 77-2642PublishedCited by 3 opinions
1Opinion of the Court
TANG, Circuit Judge:
This appeal presents the single issue whether Rule 13-307(d) of the Rules of Bankruptcy Procedure is invalid as exceeding the rule-making authority of the United States Supreme Court. We find that Rule 13-307(d) does not effect a change in substantive bankruptcy law and reverse the district court’s judgment that the rule was invalid.
In August 1974, Herman and Josephine Moralez filed a petition for a Wage Earner Plan under Chapter XIII of the Bankruptcy Act, 11 U.S.C. §§ 1001-1086. The plan required monthly payments of $302.30 to the Chapter XIII trustee for disbursement to…
2Cases cited19 opinions
- Sibbach v. Wilson & Co.Supreme Court of the United States · 1941
- United States National Bank v. Chase National BankSupreme Court of the United States · 1947
- Richard Francis Hallenbeck and Gertrude D. Hallenbeck v. Penn Mutual Life Insurance CompanyCourt of Appeals for the Fourth Circuit · 1963
- H F G Co. v. Pioneer Pub. Co.Court of Appeals for the Seventh Circuit · 1947
- In the Matter of Pennyrich International, Inc. Of Dallas, Bankrupt. Lane Industries, Inc., D/B/A Century Studios v. Harold C. Abramson, TrusteeCourt of Appeals for the Fifth Circuit · 1973
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3Cited by3 opinions
- In Re MoralezCourt of Appeals for the Ninth Circuit · 1980
- Bank of New England, N.A. v. Hanson Industries, Inc. (In Re Hanson Industries, Inc.)United States Bankruptcy Court, D. Minnesota · 1988
- Caudill v. N.C. MacHinery, Inc. (In Re American Eagle Mfg., Inc.)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1999