Legal Opinion
In the Matter of Kenneth W. Smith, Debtor. Appeal of State of Indiana
Court of Appeals for the Seventh Circuit
Decided June 9, 1988No. 86-2683PublishedCited by 179 opinions
1Opinion of the Court
MANION, Circuit Judge.
The State of Indiana, one of debtor Kenneth Smith’s unsecured judgment creditors, appealed the bankruptcy court’s confirmation of Smith’s Chapter 13 plan. The district court affirmed, and the State again appeals. Because the bankruptcy court did not consider Smith’s pre-filing conduct in determining whether he proposed his plan in good faith, we reverse and remand.
I. NATURE OF THE CASE
Smith owned and operated a home repair business in Indiana which fleeced senior citizens by making repairs which Smith knew were not necessary. On August 29, 1984, the State obtained a…
2Cases cited32 opinions
- Tennessee Valley Authority v. HillSupreme Court of the United States · 1978
- Kelly v. RobinsonSupreme Court of the United States · 1986
- Midlantic National Bank v. New Jersey Department of Environmental ProtectionSupreme Court of the United States · 1986
- In Re Ronald Estus and Doris Estus, Debtors. United States of America v. Ronald EstusCourt of Appeals for the Eighth Circuit · 1982
- 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
27 more not listed; retrieve them via the Exa API.
3Cited by179 opinions
- In the Matter of Robert John Love, Debtor-AppellantCourt of Appeals for the Seventh Circuit · 1992
- In the Matter of Ronald J. Witkowski, Debtor-AppellantCourt of Appeals for the Seventh Circuit · 1994
- In Re Gregory A. Lemaire, Debtor. Paul Handeen v. Gregory A. LemaireCourt of Appeals for the Eighth Circuit · 1990
- In the Matter of Daniel J. Yonikus and Carolyn S. Yonikus, Debtors. Appeal of Daniel J. YonikusCourt of Appeals for the Seventh Circuit · 1992
- In Re: Craig Piazza, Craig Piazza v. Nueterra Healthcare Physical Therapy, LLCCourt of Appeals for the Eleventh Circuit · 2013
174 more not listed; retrieve them via the Exa API.