Legal Opinion

Michael T. Rudd and Jodene M. Rudd v. Kathleen Laughlin

Court of Appeals for the Eighth Circuit

Decided January 31, 1989No. 88-2300PublishedCited by 32 opinions

1Opinion of the Court

ARNOLD, Circuit Judge.

Michael and Jodene Rudd appeal from the District Court’s 1 order affirming the Bankruptcy Court’s 2 conversion of their Chapter 13 ease to a case under Chapter 7 of the Bankruptcy Code. The Rudds argue that, because they were not eligible to be Chapter 13 debtors in the first place, the Bankruptcy Court never had jurisdiction over their purported case and could not convert it. The District Court rejected this contention, disapproving In re Wulf, 62 B.R. 155 (Bankr.D.Neb.1986), which supported the Rudds’ position. Rudd v. Laughlin, 95 B.R. 705 (D.Neb.1988). We affirm.

On…

2Cases cited7 opinions

  1. Northern Pipeline Construction Co. v. Marathon Pipe Line Co.Supreme Court of the United States · 1982
  2. In the Matter of Patsy D. Phillips, A/K/A D/B/A Market Fitness, Creekside Plaza, Second Wind, Debtor. Promenade National Bank v. Patsy D. PhillipsCourt of Appeals for the Second Circuit · 1988
  3. In Re AnastasiosUnited States Bankruptcy Court, W.D. North Carolina · 1987
  4. In Re Republic Trust & Savings Co.United States Bankruptcy Court, N.D. Oklahoma · 1986
  5. Matter of KoehlerUnited States Bankruptcy Court, D. Nebraska · 1986

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

3Cited by32 opinions

  1. Adams v. ZarnelCourt of Appeals for the Second Circuit · 2010
  2. Barcal v. Laughlin (In Re Barcal)United States Bankruptcy Appellate Panel for the Eighth Circuit · 1997
  3. Jones v. United States, Department of the Treasury, Internal Revenue Service (In Re Jones)District Court, N.D. Illinois · 1991
  4. Mendez v. Salven (In Re Mendez)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2007
  5. In Re PennypackerUnited States Bankruptcy Court, E.D. Pennsylvania · 1990

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

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API