Legal Opinion

In Re Card

United States Bankruptcy Court, N.D. California

Decided May 15, 1990No. 19-30095PublishedCited by 7 opinions

1Opinion of the Court

MEMORANDUM OF DECISION

ALAN JAROSLOVSKY, Bankruptcy' Judge.

The matter before the court is whether the debtor’s Chapter 13 plan must be confirmed. The court has already fixed the value of the debtor’s real property, and determined that he is entitled to a $45,-000.00 homestead exemption. The plan provides that all of the debtor’s disposable income for the next three years will be applied to his debts, resulting in a dividend to unsecured creditors of about 16%. The only issue left to determine is whether the debtor is entitled to the benefit of a hypothetical capital gains tax in computing…

2Cases cited10 opinions

  1. Fidelity & Casualty Co. of New York v. Warren (In Re Warren)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1988
  2. In Re Shoreline Concrete Company, Inc., Debtor. Shoreline Concrete Company, Inc. v. United States of America, and Harold Heath, TrusteeCourt of Appeals for the Ninth Circuit · 1987
  3. Waldschmidt v. Commissioner (In Re Lambdin)United States Bankruptcy Court, M.D. Tennessee · 1983
  4. In the Matter of I. J. Knight Realty Corp., Bankrupt. Appeal of United States of AmericaCourt of Appeals for the Third Circuit · 1974
  5. United States v. Paul W. Sampsell, Trustee in Bankruptcy of F. P. Newport Corporation, Ltd., BankruptCourt of Appeals for the Ninth Circuit · 1959

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3Cited by7 opinions

  1. In Re SwannUnited States Bankruptcy Court, D. South Dakota · 1993
  2. In Re BardenDistrict Court, E.D. New York · 1996
  3. In Re DixonUnited States Bankruptcy Court, W.D. New York · 1992
  4. Sticka v. United States (In Re Sturgill)United States Bankruptcy Court, D. Oregon · 1998
  5. In Re GattonUnited States Bankruptcy Court, D. Colorado · 1996

2 more not listed; retrieve them via the Exa API.

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