Legal Opinion

Yarnall v. Martinez (In Re Martinez)

United States Bankruptcy Appellate Panel for the Ninth Circuit

Decided October 5, 2009No. BAP Nos. NV-08-1332-MoJuH, NV-08-1335-MoJuH, NV-08-1340-MoJuH. Bk. Nos. 08-14571-BAM, 08-15414-LBR, 08-15133-MKNPublishedCited by 11 opinions

1Opinion of the Court

OPINION

MONTALI, Bankruptcy Judge:

In cases pending before three different bankruptcy courts, above-median income chapter 13 1 debtors obtained orders valuing and “stripping off’ wholly unsecured junior liens against their residences.2 The *349debtors also proposed chapter 13 plans that deducted the expenses associated with those stripped liens from their “disposable income” devoted to plan payments. The chapter 13 trustee objected to confirmation of the three plans, and the three bankruptcy judges held a consolidated hearing on the objections. The bankruptcy judges overruled the objections and…

2Cases cited22 opinions

  1. United States v. Ron Pair Enterprises, Inc.Supreme Court of the United States · 1989
  2. Lamie v. United States TrusteeSupreme Court of the United States · 2004
  3. United States v. Michael JohnsonCourt of Appeals for the Ninth Circuit · 2001
  4. Maney v. KagenveamaCourt of Appeals for the Ninth Circuit · 2008
  5. In Re Farrar-JohnsonUnited States Bankruptcy Court, N.D. Illinois · 2006

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3Cited by11 opinions

  1. In re: David C. Welsh and Sharon N. WelshUnited States Bankruptcy Appellate Panel for the Ninth Circuit · 2012
  2. American Express Bank, FSB v. Smith (In Re Smith)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2009
  3. In re: Michael J. Luedtke and Katherine L. LuedtkeUnited States Bankruptcy Appellate Panel for the Ninth Circuit · 2014
  4. In Re HarrisUnited States Bankruptcy Court, E.D. California · 2009
  5. In Re GrantUnited States Bankruptcy Court, S.D. California · 2010

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

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