Legal Opinion

Kelly v. Solot (In Re Kelly)

United States Bankruptcy Appellate Panel for the Ninth Circuit

Decided December 16, 1986No. BAP Nos. AZ 86-1080 EMeAS, AZ 86-1117 EMeAS, Bankruptcy No. 85-00786-TUCPublishedCited by 11 opinions

1Opinion of the Court

OPINION

ELLIOTT, Bankruptcy Judge:

The debtors appeal from an order dismissing their bankruptcy case. The bankruptcy judge dismissed the Kellys’ Chapter 7 case pursuant to 11 U.S.C. § 707(b) after determining that their debts were primarily consumer debts and that granting relief to them would be a substantial abuse of Chapter 7. In re Kelly, 57 B.R. 536 (Bankr.D.Ariz.1986). The Kellys raise the following issues on appeal:

I. Whether 11 U.S.C. § 707(b) is void for vagueness under the Due Process Clause because there are no ascertainable standards established for its application.

II. Whether 11…

2Cases cited12 opinions

  1. American Tobacco Co. v. PattersonSupreme Court of the United States · 1982
  2. In Re BryantUnited States Bankruptcy Court, W.D. North Carolina · 1984
  3. Sierra Switchboard Co. v. Westinghouse Electric Corp.Court of Appeals for the Ninth Circuit · 1986
  4. In Re WhiteUnited States Bankruptcy Court, W.D. North Carolina · 1985
  5. Bank of Columbia Falls v. Burgess (In Re Burgess)United States Bankruptcy Court, M.D. Tennessee · 1982

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3Cited by11 opinions

  1. Zolg v. Kelly (In re Kelly)Court of Appeals for the Ninth Circuit · 1988
  2. In the Matter of Donald J. Booth and Carolyn B. Booth, Debtors. Donald J. Booth and Carolyn B. BoothCourt of Appeals for the Fifth Circuit · 1988
  3. In Re AttanasioUnited States Bankruptcy Court, N.D. Alabama · 1998
  4. In Re HigginbothamUnited States Bankruptcy Court, N.D. Oklahoma · 1990
  5. In re: Paul Richard Cherrett and Colleen Courtney CherrettUnited States Bankruptcy Appellate Panel for the Ninth Circuit · 2014

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