Legal Opinion
First National Bank v. Fantasia (In Re Fantasia)
Bankruptcy Appellate Panel of the First Circuit
Decided August 26, 1997No. BAP MW 96-072PublishedCited by 42 opinions
1Per curiam
The debtors filed a Chapter 13 plan and a creditor objected. A non-evidentiary hearing was held and the bankruptcy court amended and confirmed the plan. The creditor alleges that the evidence was insufficient to support a finding that the plan was feasible. After reviewing the pertinent case law and the facts of this ease, we find that the bankruptcy court abused its discretion by confirming the debtors’ Chapter 13 plan.
I. FACTS AND PROCEDURAL HISTORY
On April 24, 1992, the debtors, Louis and Myrna Fantasia, obtained a loan in the amount of $614,000.00. The promissory note was secured by a…
2Cases cited9 opinions
- Fidelity & Casualty Co. of New York v. Warren (In Re Warren)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1988
- In Re FelbermanUnited States Bankruptcy Court, S.D. New York · 1995
- In Re CrottyUnited States Bankruptcy Court, N.D. Texas · 1981
- In Re GregoryUnited States Bankruptcy Court, E.D. Texas · 1992
- Matter of EndicottDistrict Court, W.D. Virginia · 1993
4 more not listed; retrieve them via the Exa API.
3Cited by42 opinions
- In Re MarondeUnited States Bankruptcy Court, D. Minnesota · 2005
- In re SoppickUnited States Bankruptcy Court, E.D. Pennsylvania · 2014
- In Re JensenUnited States Bankruptcy Court, S.D. New York · 2010
- In Re TornheimUnited States Bankruptcy Court, E.D. New York · 1999
- In Re Crosscreek Apartments, Ltd.United States Bankruptcy Court, E.D. Tennessee · 1997
37 more not listed; retrieve them via the Exa API.