Legal Opinion
Harshbarger v. Pees (In re Harshbarger)
Court of Appeals for the Sixth Circuit
Decided September 19, 1995No. 94-3090PublishedCited by 36 opinions
1Opinion of the Court
KENNEDY, Circuit Judge.
Appellants Robert and Mary Harshbarger (“debtors”) appeal the District Court’s decision to uphold the dismissal of their voluntary Chapter 13 bankruptcy petition for failure to submit a plan that satisfied the requirements of 11 U.S.C. § 1325. Their Chapter 13 plan deducted from disposable income monthly payments to repay monies borrowed from Mary Harshbarger’s ERISA account. For the following reasons, we affirm.
I
Mary Harshbarger is a vested participant in an ERISA-qualified profit sharing account (the “ERISA account”) maintained by her long-time employer, White Castle…
2Cases cited4 opinions
- Patterson v. ShumateSupreme Court of the United States · 1992
- In Re Howard P. Batie, Debtor. Investors Credit Corporation v. Howard P. BatieCourt of Appeals for the Sixth Circuit · 1993
- In Re ScottUnited States Bankruptcy Court, E.D. Virginia · 1992
- In Re JonesUnited States Bankruptcy Court, S.D. Ohio · 1991
3Cited by36 opinions
- In Re William M. Behlke and Dina E. Behlke, Debtors, William M. Behlke and Dina E. Behlke v. Saul Eisen, United States TrusteeCourt of Appeals for the Sixth Circuit · 2004
- In Re Luisa V. AnesCourt of Appeals for the Third Circuit · 1999
- In Re SorrellUnited States Bankruptcy Court, S.D. Ohio · 2007
- Deborah Seafort v. Beverly BurdenCourt of Appeals for the Sixth Circuit · 2012
- In Re OotUnited States Bankruptcy Court, N.D. Ohio · 2007
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