Legal Opinion

Marshall v. McCarty (In Re Marshall)

United States Bankruptcy Appellate Panel for the Eighth Circuit

Decided June 23, 2009No. BAP 08-6051PublishedCited by 26 opinions

1Opinion of the Court

FEDERMAN, Bankruptcy Judge.

Debtor Theresa Marshall appeals from an order of the Bankruptcy Court 1 which denied her motion to extend the automatic stay, dismissed her Chapter 13 case with prejudice, and barred her from filing another bankruptcy case for one year. The Debtor claims that the Court erred in dismissing her case when she had made a substantial number of her payments in previously filed cases. For the reasons that follow, we affirm.

FACTUAL BACKGROUND

The Debtor filed this Chapter 13 petition on June 9, 2008. This is her fourth Chapter 13 case since 1995, all of which were filed on…

2Cases cited15 opinions

  1. Marrama v. Citizens Bank of Mass.Supreme Court of the United States · 2007
  2. First National Bank of Olathe, Kansas v. Thomas M. Pontow Ann M. PontowCourt of Appeals for the First Circuit · 1997
  3. In Re: Robert E. Casse, Debtor Robert E. Casse, Debtor-Appellant v. Key Bank National Association, Creditor-AppelleeCourt of Appeals for the Second Circuit · 1999
  4. In the Matter of Kenneth W. Smith, Debtor. Appeal of State of IndianaCourt of Appeals for the Seventh Circuit · 1988
  5. In Re Shirley Mae TOMLIN, Debtor. COLONIAL AUTO CENTER, Plaintiff-Appellee, v. Shirley Mae TOMLIN, Defendant-AppellantCourt of Appeals for the Fourth Circuit · 1997

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3Cited by26 opinions

  1. Cusano v. Klein (In Re Cusano)Bankruptcy Appellate Panel of the Sixth Circuit · 2010
  2. In re JordanUnited States Bankruptcy Court, E.D. Louisiana · 2019
  3. Marshall v. McCarty (In re Marshall)United States Bankruptcy Appellate Panel for the Eighth Circuit · 2019
  4. Carlson v. U.S. Bank, N.A. (In re Carlson)United States Bankruptcy Appellate Panel for the Eighth Circuit · 2014
  5. LaBarge v. Rotellini (In re Rotellini)United States Bankruptcy Court, E.D. Missouri · 2014

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