Legal Opinion

In Re Craig

United States Bankruptcy Court, E.D. Virginia

Decided March 31, 1998No. 19-70710PublishedCited by 5 opinions

1Opinion of the Court

MEMORANDUM OPINION

MARTIN V.B. BOSTETTER, Jr., Chief Judge.

Here we consider the objection of a creditor, Consumer Finance Corporation ("CFC") to the confirmation of the Chapter 13 plan proposed by the debtor which followed shortly after a Chapter 7 petition was filed by the same debtor. Specifically, CFC argues that the debtor should not be permitted to achieve a result through the "serial filing" of a Chapter 7 followed by a Chapter 13 that could not be accomplished by filing only a Chapter 7 or a Chapter 13 independently. 1 In the instant case, the debtor's filing of a Chapter 7 case…

2Cases cited17 opinions

  1. Dewsnup v. TimmSupreme Court of the United States · 1992
  2. Johnson v. Home State BankSupreme Court of the United States · 1991
  3. In the Matter of Robert John Love, Debtor-AppellantCourt of Appeals for the Seventh Circuit · 1992
  4. Margaret Ann Deans v. Gerald O'donnell, Trustee, in Re Margaret Ann DeansCourt of Appeals for the Fourth Circuit · 1982
  5. Cen-Pen Corporation v. Walter E. Hanson Loraine P. HansonCourt of Appeals for the Fourth Circuit · 1995

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3Cited by5 opinions

  1. Keach v. Boyajian (In Re Keach)Bankruptcy Appellate Panel of the First Circuit · 2000
  2. In Re BrownUnited States Bankruptcy Court, W.D. Virginia · 2000
  3. In Re TaylorUnited States Bankruptcy Court, E.D. Virginia · 2001
  4. In Re TittleUnited States Bankruptcy Court, E.D. Virginia · 2006
  5. In Re WatersUnited States Bankruptcy Court, W.D. Virginia · 1998

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