Legal Opinion
Stewart v. United States Trustee (In Re Stewart)
Bankruptcy Appellate Panel of the Tenth Circuit
Decided December 9, 1997No. BAP No. 97-010, Bankruptcy No. 96-01624-WPublishedCited by 25 opinions
1Opinion of the Court
OPINION
ROBINSON, Bankruptcy Judge.
The debtor, Jeffrey D. Stewart,'appeals two orders of the United States Bankruptcy Court for the Northern District of Oklahoma. The first order dismisses his bankruptcy proceeding as a substantial abuse of the provisions of Chapter 7 pursuant to 11 U.S.C. § 707(b), and the second order concludes that the statute is constitutional. 1 The debt- or contends that the Bankruptcy Court erred: in allowing the United States Trustee to commence a § 707(b) action based on the suggestion or request of a creditor; in concluding that § 707(b) is not constitutionally…
2Cases cited27 opinions
- Yick Wo v. HopkinsSupreme Court of the United States · 1886
- In Re Charles Ellsworth Krohn AKA Charles E. Krohn, Appellant/debtorCourt of Appeals for the Sixth Circuit · 1989
- In Re Walter Green, Debtor. Walter Green v. A. Gray Staples, Jr., Assistant United States TrusteeCourt of Appeals for the Fourth Circuit · 1991
- In Re Ronald Carlester WaltonCourt of Appeals for the Eighth Circuit · 1989
- Zolg v. Kelly (In re Kelly)Court of Appeals for the Ninth Circuit · 1988
22 more not listed; retrieve them via the Exa API.
3Cited by25 opinions
- Stewart v. United States Trustee (In Re Stewart)Court of Appeals for the Tenth Circuit · 1999
- Aspen Skiing Co. v. Cherrett (In Re Cherrett)Court of Appeals for the Ninth Circuit · 2017
- El Paso Properties Corp. v. Gonzales (In Re Furr's Supermarkets, Inc.)Bankruptcy Appellate Panel of the Tenth Circuit · 2002
- In Re NorrisUnited States Bankruptcy Court, E.D. Virginia · 1998
- Swartz v. Strausbaugh (In Re Strausbaugh)United States Bankruptcy Court, S.D. Ohio · 2007
20 more not listed; retrieve them via the Exa API.