Legal Opinion
In Re Penberthy
United States Bankruptcy Court, W.D. Washington
Decided August 29, 1997No. 19-10686PublishedCited by 3 opinions
1Opinion of the Court
DECISION ON MOTIONS RE CONFIRMED PLAN
PHILIP H. BRANDT, Bankruptcy Judge.
I. ISSUES
A. Where the debtor undertook in the disclosure statement to contribute certain amounts beyond those specified the confirmed plan, is that undertaking enforceable? B. If so, may a creditor withhold or offset a payment in lieu of homestead to the debtor, provided for in the confirmed (and consensual) plan, when the debtor has not made the contributions?
In the circumstances of this case, I conclude debtor must pay, but that his failure does not excuse the creditor’s obligation. However, the payment must be…
2Cases cited14 opinions
- Link v. Wabash RailroadSupreme Court of the United States · 1962
- Berg v. HudesmanWashington Supreme Court · 1990
- Smith v. AyerSupreme Court of the United States · 1880
- Milgard Tempering, Inc., Plaintiff-Appellee/cross-Appellant v. Selas Corporation of America, a Foreign Corporation, Defendant-Appellant/cross-AppelleeCourt of Appeals for the Ninth Circuit · 1990
- Donaldson v. BernsteinCourt of Appeals for the Third Circuit · 1997
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3Cited by3 opinions
- Captain Blythers, Inc. v. Thompson (In Re Captain Blythers, Inc.)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2004
- Home & Land Owners, Inc. v. Angel Fire Resort Operations, L.L.C.New Mexico Court of Appeals · 2003
- In Re Seaview Estates, Inc.United States Bankruptcy Court, E.D. New York · 1997