Legal Opinion

In re: Steven Patrick Schlegel Joanne Marie Schlegel

United States Bankruptcy Appellate Panel for the Ninth Circuit

Decided February 25, 2015No. BAP SC-14-1132-KiKuJu; Bankruptcy 08-13539-PB13PublishedCited by 19 opinions

1Opinion of the Court

KIRSCHER, Bankruptcy Judge.

Appellants Steven Patrick Schlegel and Joanne Marie Schlegel (“Schlegels”) appeal an order dismissing their chapter 13 2 case for failing to complete plan payments within the applicable five-year commitment period. This appeal raises for the first time whether a confirmed chapter 13 plan may be dismissed for the debtors’ failure to pay both the required plan payment and the approved percentage dividend to unsecured nonpriority creditors during the applicable commitment period. We AFFIRM.

I. FACTUAL BACKGROUND AND PROCEDURAL HISTORY

A. Pre-confirmation events

The…

2Cases cited20 opinions

  1. Dewsnup v. TimmSupreme Court of the United States · 1992
  2. TrafficSchool.com, Inc. v. Edriver Inc.Court of Appeals for the Ninth Circuit · 2011
  3. United States v. HellerCourt of Appeals for the Ninth Circuit · 2009
  4. Long v. BullardSupreme Court of the United States · 1886
  5. Long and Wife v. BullardSupreme Court of the United States · 1886

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3Cited by19 opinions

  1. Spokane Lefcu v. Marcella BarkerCourt of Appeals for the Ninth Circuit · 2016
  2. In re GonzalesUnited States Bankruptcy Court, S.D. Texas · 2017
  3. In re GoodvinUnited States Bankruptcy Court, N.D. Iowa · 2016
  4. Brenda L. BowmanUnited States Bankruptcy Court, E.D. Louisiana · 2021
  5. In re MastUnited States Bankruptcy Court, S.D. California · 2015

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