Legal Opinion

Zolg v. Kelly (In re Kelly)

Court of Appeals for the Ninth Circuit

Decided March 2, 1988No. 87-1560PublishedCited by 127 opinions

1Opinion of the Court

KOZINSKI, Circuit Judge:

We consider whether the bankruptcy appellate panel erred in reversing the bankruptcy court’s dismissal of appellees’ chapter 7 bankruptcy petition as a “substantial abuse” of the Bankruptcy Code.

Background

Robert and Carolyn Zolg sold their home to the Kellys; Tucson Realty acted as the real estate agent for this transaction. Subsequently, the Kellys sued the Zolgs and Tucson Realty, charging fraud and breach of contract and seeking damages for loss of the benefit of their bargain, repairs to the house, punitive damages and attorney’s fees. On September 6, 1983, the…

2Cases cited29 opinions

Mullane v. Central Hanover Bank & Trust Co.Supreme Court of the United States · 1950
Hoffman Estates v. Flipside, Hoffman Estates, Inc.Supreme Court of the United States · 1982
In Re Murchison.Supreme Court of the United States · 1955
Papachristou v. City of JacksonvilleSupreme Court of the United States · 1972
United States v. Winston Bryant McConneyCourt of Appeals for the Ninth Circuit · 1984

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

3Cited by127 opinions

In Re Bonner Mall Partnership, Debtor. Bonner Mall Partnership v. U.S. Bancorp Mortgage Co.Court of Appeals for the Ninth Circuit · 1993
In Re William M. Behlke and Dina E. Behlke, Debtors, William M. Behlke and Dina E. Behlke v. Saul Eisen, United States TrusteeCourt of Appeals for the Sixth Circuit · 2004
In Re: Danny Padilla, Debtor. William T. Neary, United States Trustee for Region 16 v. Danny PadillaCourt of Appeals for the Ninth Circuit · 2000
In Re Ronald Carlester WaltonCourt of Appeals for the Eighth Circuit · 1989
In Re Dennis Leroy Saxman, Debtor, Dennis Leroy Saxman v. Educational Credit Management Corporation, and Department of EducationCourt of Appeals for the Ninth Circuit · 2003

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