Legal Opinion
Gagne v. Fessenden (Gagne)
Bankruptcy Appellate Panel of the First Circuit
Decided September 19, 2008No. BAP No. 08-021. Bankruptcy No. 08-10027-LHKPublishedCited by 18 opinions
1Opinion of the Court
FEENEY, Bankruptcy Judge.
The debtors, Pierre J. Gagne (“Mr. Gagne”) and Carrie J. Gagne (“Mrs. Gagne,” collectively, the “Debtors”), appeal from the order of the bankruptcy court ruling that Mr. Gagne was ineligible for a discharge because he had obtained a discharge in a prior case within the time period set forth in 11 U.S.C. § 1328(f). 1 The Debtors dispute the bankruptcy court’s interpretation of the statute and argue that, because the time period set forth therein runs from the date of filing of the earlier case to the date of filing of the subsequent case, Mr. Gagne is eligible for a…
2Cases cited37 opinions
- United States v. Ron Pair Enterprises, Inc.Supreme Court of the United States · 1989
- Barnhart v. ThomasSupreme Court of the United States · 2003
- Lamie v. United States TrusteeSupreme Court of the United States · 2004
- Griffin v. Oceanic Contractors, Inc.Supreme Court of the United States · 1982
- Dewsnup v. TimmSupreme Court of the United States · 1992
32 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- Lussier v. Sullivan (In Re Sullivan)Bankruptcy Appellate Panel of the First Circuit · 2011
- Robin Singh Educational Services, Inc. v. McCarthy (McCarthy)Bankruptcy Appellate Panel of the First Circuit · 2013
- Coffin v. eCast Settlement Corp. (In Re Coffin)Bankruptcy Appellate Panel of the First Circuit · 2010
- Carroll v. SandersCourt of Appeals for the Sixth Circuit · 2008
- Hamilton v. Wells Fargo Bank, N.A. (Hamilton)Bankruptcy Appellate Panel of the First Circuit · 2009
13 more not listed; retrieve them via the Exa API.