Legal Opinion

Barbosa v. Solomon

Court of Appeals for the First Circuit

Decided December 21, 2000No. 00-1221PublishedCited by 134 opinions

1Opinion of the Court

CASELLAS, District Judge.

The controversy in this appeal arises out of the not-so-infrequent scenario where, after the confirmation of a bankruptcy plan under Chapter 13, but before the case is closed or converted to Chapter 7, the debtors sell property of the estate which “vested” in them “free and clear of any claim or interest of any creditor” pursuant to the provisions of 11 U.S.C. § 1327(c). Except as otherwise provided in the plan or in the order confirming the plan, the property vesting in the debtor under subsection (b) of this section is free and clear of any claim or interest of any…

2Cases cited24 opinions

  1. In Re Savage Industries, Inc., Debtor. Western Auto Supply Company v. Savage Arms, Inc.Court of Appeals for the First Circuit · 1994
  2. In the Matter of Ronald J. Witkowski, Debtor-AppellantCourt of Appeals for the Seventh Circuit · 1994
  3. In Re Francis A. Arnold, A/K/A Frank Arnold, Debtor. Francis A. Arnold, A/K/A Frank Arnold v. Ruth WeastCourt of Appeals for the Fourth Circuit · 1989
  4. Anaheim Savings & Loan Ass'n v. Evans (In Re Evans)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1983
  5. Casco Northern Bank, N.A. v. DN AssociatesCourt of Appeals for the First Circuit · 1993

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

3Cited by134 opinions

  1. Mann v. Chase Manhattan Mortgage Corp.Court of Appeals for the First Circuit · 2003
  2. Meza v. Truman (In Re Meza)Court of Appeals for the Fifth Circuit · 2006
  3. Waldron v. BrownCourt of Appeals for the Eleventh Circuit · 2008
  4. Factors Funding Co. v. Fili (In Re Fili)Bankruptcy Appellate Panel of the First Circuit · 2001
  5. John H. Germeraad v. Myrick J. PowersCourt of Appeals for the Seventh Circuit · 2016

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

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