Kelly v. Solot (In Re Kelly)
United States Bankruptcy Appellate Panel for the Ninth Circuit
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
- American Tobacco Co. v. PattersonSupreme Court of the United States · 1982
- In Re BryantUnited States Bankruptcy Court, W.D. North Carolina · 1984
- Sierra Switchboard Co. v. Westinghouse Electric Corp.Court of Appeals for the Ninth Circuit · 1986
- In Re WhiteUnited States Bankruptcy Court, W.D. North Carolina · 1985
- Bank of Columbia Falls v. Burgess (In Re Burgess)United States Bankruptcy Court, M.D. Tennessee · 1982
7 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Zolg v. Kelly (In re Kelly)Court of Appeals for the Ninth Circuit · 1988
- 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
- In Re AttanasioUnited States Bankruptcy Court, N.D. Alabama · 1998
- In Re HigginbothamUnited States Bankruptcy Court, N.D. Oklahoma · 1990
- In re: Paul Richard Cherrett and Colleen Courtney CherrettUnited States Bankruptcy Appellate Panel for the Ninth Circuit · 2014
6 more not listed; retrieve them via the Exa API.