Legal Opinion

In Re Porter

United States Bankruptcy Court, D. Massachusetts

Decided April 22, 2002No. 19-10612PublishedCited by 16 opinions

1Opinion of the Court

MEMORANDUM OF DECISION ON DEBTOR’S MOTION TO CONVERT CASE TO CHAPTER 13

CAROL J. KENNER, Bankruptcy Judge.

The issue before the Court is whether the Debtor should be permitted, over the objection of the Chapter 7 Trustee, to convert his case under Chapter 7 of the Bankruptcy Code to one under Chapter 13, where the Debtor failed to disclose in his petition certain pre-petition transfers of real estate to family members and where the feasibility of his proposed Chapter 13 plan hinges upon gratuitous contributions from family members.

Background and facts

The Debtor filed this case under Chapter 7…

2Cases cited17 opinions

  1. Bankr. L. Rep. P 71,787 in Re John E. Tully, Debtor. Henry J. Boroff, Trustee in Bankruptcy of John E. Tully v. John E. TullyCourt of Appeals for the First Circuit · 1987
  2. In Re Vernon Lee Finney, Debtor. Vernon Lee Finney v. Alexander Pierce Smith, TrusteeCourt of Appeals for the Fourth Circuit · 1993
  3. In the Matter of Virginia Frederick Martin, Debtor. Virginia Frederick Martin v. Lehman A. Martin, Jr.Court of Appeals for the Fifth Circuit · 1989
  4. In Re SpencerUnited States Bankruptcy Court, N.D. Oklahoma · 1992
  5. In Re CalderUnited States Bankruptcy Court, D. Utah · 1988

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

3Cited by16 opinions

  1. Cabral v. Shamban (In Re Cabral)Bankruptcy Appellate Panel of the First Circuit · 2002
  2. Marrama v. Citizens Bank (In Re Marrama)Bankruptcy Appellate Panel of the First Circuit · 2004
  3. Marrama v. Citizens Bank of MassachusettsCourt of Appeals for the First Circuit · 2005
  4. In Re SCHWALBUnited States Bankruptcy Court, D. Nevada · 2006
  5. Pequeno v. SchmidtDistrict Court, S.D. Texas · 2004

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

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