Legal Opinion
In Re Avery
United States Bankruptcy Court, E.D. California
Decided January 30, 2002No. 19-20602PublishedCited by 14 opinions
1Opinion of the Court
MEMORANDUM DECISION
MICHAEL S. MCMANUS, Chief Judge.
This case requires the court to determine whether it may vacate a chapter 13 discharge on the motion of a creditor whose timely filed proof of claim was not paid by the trustee as required by the chapter 13 plan. The court concludes that the motion must be granted.
I
In John and Cydney Avery’s earlier chapter 7 case, American Investment Financial (“AIF”) filed a complaint objecting to the discharge of a debt. The parties settled the complaint prior to trial. Dr. and Mrs. Avery (“the debtors”) stipulated to the entry of a nondischargeable…
2Cases cited14 opinions
- In the Matter of Gerald Lewis Tarnow, Debtor. Appeal of Commodity Credit CorporationCourt of Appeals for the Seventh Circuit · 1984
- In the Matter of Evelyn G. Escobedo, Debtor-AppellantCourt of Appeals for the Seventh Circuit · 1994
- In the Matter of Ulyssus George Wade, Joyce Wade, and U.G. Wade Trucking, Inc., Debtors-AppellantsCourt of Appeals for the Seventh Circuit · 1993
- 13 Collier bankr.cas.2d 209, Bankr. L. Rep. P 70,649 in Re Wayne M. Nash and Jeanette Nash, Debtors. Wayne M. Nash and Jeanette Nash v. Duncan H. Kester, Trustee and National Semiconductor Federal Credit UnionCourt of Appeals for the Ninth Circuit · 1985
- Ledlin v. United States (In Re Tomlan)District Court, E.D. Washington · 1989
9 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Smyth v. City of OaklandCourt of Appeals for the Ninth Circuit · 2008
- Miller v. Ameriquest Mortgage Co. (In Re Laskowski)United States Bankruptcy Court, N.D. Indiana · 2008
- Bowden v. Structured Investments Co. (In Re Bowden)United States Bankruptcy Court, W.D. Washington · 2004
- In Re EstradaUnited States Bankruptcy Court, E.D. California · 2005
- In Re GreenUnited States Bankruptcy Court, D. Nevada · 2005
9 more not listed; retrieve them via the Exa API.