Legal Opinion
Keach v. Boyajian (In Re Keach)
Bankruptcy Appellate Panel of the First Circuit
Decided January 27, 2000No. BAP RI99-055PublishedCited by 46 opinions
1Opinion of the Court
QUEENAN, Bankruptcy Judge.
A debtor files under Chapter 7, is unsuccessful in an attempt to convince the court that his largest creditor holds a contract claim rather than a nondischargeable fraud claim, and also fails in his efforts to convert the case to Chapter 13. He then files under Chapter 13 to obtain the broader discharge available there for fraud claims. This second filing occurs after his general Chapter 7 discharge enters but while the prior case remains open. In his Chapter 13 plan the debtor proposes to devote all his disposable income to paying priority tax debt in full and a 5%…
2Cases cited57 opinions
- Johnson v. Home State BankSupreme Court of the United States · 1991
- Midlantic National Bank v. New Jersey Department of Environmental ProtectionSupreme Court of the United States · 1986
- Toibb v. RadloffSupreme Court of the United States · 1991
- In the Matter of Robert John Love, Debtor-AppellantCourt of Appeals for the Seventh Circuit · 1992
- In Re Ronald Estus and Doris Estus, Debtors. United States of America v. Ronald EstusCourt of Appeals for the Eighth Circuit · 1982
52 more not listed; retrieve them via the Exa API.
3Cited by46 opinions
- In Re BarrUnited States Bankruptcy Court, M.D. North Carolina · 2006
- Domestic Bank v. Mann (In Re Mann)Bankruptcy Appellate Panel of the First Circuit · 2000
- Cabral v. Shamban (In Re Cabral)Bankruptcy Appellate Panel of the First Circuit · 2002
- In Re McGillisUnited States Bankruptcy Court, W.D. Michigan · 2007
- Sullivan v. Solimini (In Re Sullivan)Bankruptcy Appellate Panel of the First Circuit · 2005
41 more not listed; retrieve them via the Exa API.