Legal Opinion
In Re Mosby
United States Bankruptcy Court, E.D. Virginia
Decided January 12, 2000No. 16-33274PublishedCited by 28 opinions
1Opinion of the Court
MEMORANDUM OPINION
STEPHEN S. MITCHELL, Bankruptcy Judge.
The question presented in each of these chapter 13 cases is whether a debtor who files initially under chapter 7 may, after receiving a discharge, convert his or her case to chapter 13. The debtors acknowledge the anomaly of proceeding in chapter 13 after having already been granted a chapter 7 discharge in the same case but seek to rectify that situation by having the court vacate the discharge. The chapter 13 trustee questions whether there is any legal authority to do so and has moved in each case for dismissal. A hearing was held on…
2Cases cited21 opinions
- Pioneer Investment Services Co. v. Brunswick Associates Ltd. PartnershipSupreme Court of the United States · 1993
- Local Loan Co. v. HuntSupreme Court of the United States · 1934
- Carolin Corporation v. Robert J. Miller, Jr.Court of Appeals for the Fourth Circuit · 1989
- Margaret Ann Deans v. Gerald O'donnell, Trustee, in Re Margaret Ann DeansCourt of Appeals for the Fourth Circuit · 1982
- William Neufeld, Creditor v. Susan K. Freeman, Debtor, and Emily Y. Wilson, TrusteeCourt of Appeals for the Fourth Circuit · 1986
16 more not listed; retrieve them via the Exa API.
3Cited by28 opinions
- Mason v. YoungCourt of Appeals for the Tenth Circuit · 2001
- In Re PakurisUnited States Bankruptcy Court, E.D. Pennsylvania · 2001
- In Re KrishnayaUnited States Bankruptcy Court, S.D. New York · 2001
- In re PonziniUnited States Bankruptcy Court, E.D. Arkansas · 2002
- Marrama v. Citizens Bank (In Re Marrama)Bankruptcy Appellate Panel of the First Circuit · 2004
23 more not listed; retrieve them via the Exa API.