Legal Opinion
In Re Peter Gordon Balbus, Debtor. Brown and Company Securities Corporation v. Peter Gordon Balbus
Court of Appeals for the Fourth Circuit
Decided June 4, 1991No. 90-2067PublishedCited by 81 opinions
1Opinion of the Court
ERVIN, Chief Judge:
Peter Gordon Balbus (“Balbus”) filed a voluntary petition for relief under Chapter 13 of the Bankruptcy Code. This petition was challenged by one of Balbus’ secured creditors, Brown and Company Securities Corporation (“Brown”). Brown asserted that hypothetical costs of sale should be deducted when calculating the value of Bal-bus’ real property providing security for his secured debt. If the costs were deducted, Balbus would not be eligible for relief under Chapter 13, title 11, United States Code. See 11 U.S.C. § 109(e).1 Therefore, Brown filed a motion to dismiss or to…
2Cases cited17 opinions
- United Sav. Assn. of Tex. v. Timbers of Inwood Forest Associates, Ltd.Supreme Court of the United States · 1988
- Reiter v. Sonotone Corp.Supreme Court of the United States · 1979
- Reiter v. Sonotone Corp.Supreme Court of the United States · 1979
- Matter of CrockettUnited States Bankruptcy Court, N.D. Illinois · 1980
- In Re CourtrightUnited States Bankruptcy Court, D. Oregon · 1986
12 more not listed; retrieve them via the Exa API.
3Cited by81 opinions
- In Re: Arthur Lionel Scovis Jenny Scovis, Debtors. Arthur Lionel Scovis Jenny Scovis v. Christen Brun HenrichsenCourt of Appeals for the Ninth Circuit · 2001
- In Re Winthrop Old Farm Nurseries, Inc., Debtor. Winthrop Old Farm Nurseries, Inc. v. New Bedford Institution for SavingsCourt of Appeals for the First Circuit · 1995
- In Re George H. Mitchell Carol J. Mitchell, Debtors. General Motors Acceptance Corporation v. George H. Mitchell Carol J. MitchellCourt of Appeals for the Ninth Circuit · 1992
- In Re JonesUnited States Bankruptcy Court, E.D. Michigan · 1993
- Bruce Energy Centre Ltd. v. Orfa Corp. of America (In Re Orfa Corp. of Philadelphia)United States Bankruptcy Court, E.D. Pennsylvania · 1991
76 more not listed; retrieve them via the Exa API.