Legal Opinion

In Re Tomasini

United States Bankruptcy Court, D. Utah

Decided March 8, 2006No. 05-80115PublishedCited by 20 opinions

1Opinion of the Court

MEMORANDUM OPINION

The matter before the Court is the Court’s consideration of confirmation of the Debtor’s proposed chapter 13 plan. The precise issue before the Court is whether a Debtor who failed to carry his burden of showing that this case was filed in good faith under 11 U.S.C. § 362(c)(3) can obtain confirmation of a chapter 13 plan by showing good faith under 11 U.S.C. § 1325(a)(7). As this matter presents an issue of first impression in light of the Bankruptcy Abuse Protection and Consumer Protection Act (“BAPCPA”), the Court elects to issue this Memorandum Opinion which will…

2Cases cited13 opinions

  1. Kawaauhau v. GeigerSupreme Court of the United States · 1998
  2. K Mart Corp. v. Cartier, Inc.Supreme Court of the United States · 1988
  3. BFP v. Resolution Trust CorporationSupreme Court of the United States · 1994
  4. Gozlon-Peretz v. United StatesSupreme Court of the United States · 1991
  5. Sullivan v. StroopSupreme Court of the United States · 1990

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

3Cited by20 opinions

  1. In Re TrejosUnited States Bankruptcy Court, D. Nevada · 2006
  2. In re RodriguezUnited States Bankruptcy Court, D. New Mexico · 2013
  3. In re MuhammadUnited States Bankruptcy Court, M.D. Alabama · 2015
  4. In re RiedyUnited States Bankruptcy Court, W.D. Michigan · 2014
  5. In re JordanUnited States Bankruptcy Court, E.D. Louisiana · 2019

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