Legal Opinion

Ho v. Dowell (In Re Ho)

United States Bankruptcy Appellate Panel for the Ninth Circuit

Decided March 13, 2002No. BAP No. CC-01-1345-PBK. Bankruptcy No. LA 01-16532 ERPublishedCited by 51 opinions

1Opinion of the Court

OPINION

PERRIS, Bankruptcy Judge.

The bankruptcy court determined that appellant Jennifer Ho (“Debtor”) had *870debts exceeding the limit for chapter 131 eligibility set forth in § 109(e) and dismissed her case. In reaching that conclusion, the court counted a contract debt of a corporation in which Debtor was a minority shareholder. Debtor was neither a party to the contract nor a guarantor of the debt, but had listed the corporate creditor as a creditor holding an unliquidated, disputed, unsecured claim on her bankruptcy schedules, with the amount of the claim specified as “unknown.” This case…

2Cases cited16 opinions

  1. United States v. United States Gypsum Co.Supreme Court of the United States · 1948
  2. Bankers Trust Co. v. MallisSupreme Court of the United States · 1978
  3. In Re Jonathan Barnes Leavitt, Debtor. Jonathan Barnes Leavitt v. Carlos SotoCourt of Appeals for the Ninth Circuit · 1999
  4. 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
  5. Bankr. L. Rep. P 75,652 in Re William Eisen, Debtor. William Eisen v. Nancy Curry, Trustee, Chapter 13 TrusteeCourt of Appeals for the Ninth Circuit · 1994

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3Cited by51 opinions

  1. Ellsworth v. Lifescape Medical Associates, P.C. (In Re Ellsworth)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2011
  2. Cabral v. Shamban (In Re Cabral)Bankruptcy Appellate Panel of the First Circuit · 2002
  3. Sullivan v. Solimini (In Re Sullivan)Bankruptcy Appellate Panel of the First Circuit · 2005
  4. Gonzalez-Ruiz v. Doral Financial Corp.Bankruptcy Appellate Panel of the First Circuit · 2006
  5. Nelson v. Meyer (In Re Nelson)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2006

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