Legal Opinion

In Re Gavia

United States Bankruptcy Appellate Panel for the Ninth Circuit

Decided September 24, 1982No. BAP No. EC-82-1076-HKE, BAP No. EC-82-1077-HKE, BAP No. EC-82-1078-HKEPublishedCited by 34 opinions

1Opinion of the Court

OPINION

2Per curiam

Appellants in these consolidated appeals challenge orders denying confirmation of their plans under Chapter 13 of the Bankruptcy Code. Each of these “liquidating” plans called for a single payment to creditors from the sale proceeds of each appellant’s residence.

We affirm.

I

The facts in each case are substantially similar. Appellants each filed petitions and proposed plans under Chapter 13 of the Bankruptcy Code. In each case, the appellants stated that their monthly income precluded a traditional wage earner plan. We interpret this to mean that they were unable to make monthly payments…

3Cases cited4 opinions

  1. In Re Stuart R. And Shiela M. Terry, Debtors, A. L. Tenney, Trustee v. Stuart R. And Shiela M. Terry, DebtorsCourt of Appeals for the Eighth Circuit · 1980
  2. Purer & Company and Phillip Purer v. Aktiebolaget Addo and Addo MacHine Company, Inc.Court of Appeals for the Ninth Circuit · 1969
  3. Matter of CookUnited States Bankruptcy Court, S.D. West Virginia · 1980
  4. In Re ErwinUnited States Bankruptcy Court, D. Colorado · 1981

4Cited by34 opinions

  1. In Re LennonUnited States Bankruptcy Court, N.D. Georgia · 1986
  2. In Re McCollumUnited States Bankruptcy Court, D. Oregon · 1987
  3. In Re HogueUnited States Bankruptcy Court, S.D. Ohio · 1987
  4. In Re FordUnited States Bankruptcy Court, E.D. Pennsylvania · 1988
  5. In Re TuckerUnited States Bankruptcy Court, W.D. Oklahoma · 1983

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