Legal Opinion
In Re Ewers
United States Bankruptcy Court, D. Nevada
Decided February 26, 2007No. 19-50117PublishedCited by 21 opinions
1Opinion of the Court
Order on Trustee’s Motion to Deny Confirmation
LINDA B. RIEGLE, Bankruptcy Judge.
At issue is the post-BAPCPA interplay between § 1325(b)(4) and § 1329(a)(2) of the Bankruptcy Code, and the question of whether debtors who have a 5-year applicable commitment period can modify their plan to 3 years without paying unsecured creditors in full. This court holds they can, so long as the requirements of 11 U.S.C. § 1329(b) are satisfied, which includes the requirement of good faith.
The debtors filed their chapter 13 petition on February 13, 2006, along with the required Form B22C “Statement of Current…
2Cases cited8 opinions
- United States v. Ron Pair Enterprises, Inc.Supreme Court of the United States · 1989
- Kawaauhau v. GeigerSupreme Court of the United States · 1998
- Food & Drug Administration v. Brown & Williamson Tobacco Corp.Supreme Court of the United States · 2000
- United Sav. Assn. of Tex. v. Timbers of Inwood Forest Associates, Ltd.Supreme Court of the United States · 1988
- Sunahara v. Burchard (In Re Sunahara)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2005
3 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- In Re MattsonUnited States Bankruptcy Appellate Panel for the Ninth Circuit · 2012
- In Re KingUnited States Bankruptcy Court, S.D. Illinois · 2010
- In Re GrutschUnited States Bankruptcy Court, D. Kansas · 2011
- In Re HallUnited States Bankruptcy Court, D. Idaho · 2010
- In Re HillUnited States Bankruptcy Court, S.D. Ohio · 2008
16 more not listed; retrieve them via the Exa API.