McDonald v. Burgie (In Re Burgie)
United States Bankruptcy Appellate Panel for the Ninth Circuit
1Opinion of the Court
OPINION
BUFFORD, Bankruptcy Judge.
I. ISSUE
In this case we must decide whether the unreinvested proceeds from the sale of the debtors’ homestead after the confirmation of the chapter 13 2 plan constitute “disposable income” that must be used to pay creditors pursuant to a motion by the trustee to amend the plan.
The bankruptcy court authorized the debtors to retain the net proceeds from the sale of their homestead, after the purchase of a new homestead at a lower price. The court denied the trustee’s motion to modify the chapter 13 plan to require that the net proceeds be treated as disposable…
2Cases cited17 opinions
- In Re Amjad I. Eashai, Debtor. Citibank (South Dakota), N.A. v. Amjad I. EashaiCourt of Appeals for the Ninth Circuit · 1996
- United States v. Barry Byron Mills, Daniel James Cavanaugh, Robbin Lynn Bryan Cavanaugh, Martin Trevino Vargas, Jr.Court of Appeals for the Ninth Circuit · 1979
- Hagel v. Drummond (In Re Hagel)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1995
- In Re Robert Floyd Ashley, AKA Robert Ashley, Debtor. Robert Floyd Ashley, AKA Robert Ashley v. C. Eugene Church Helen L. ChurchCourt of Appeals for the Ninth Circuit · 1990
- Max Recovery, Inc. v. Nguyen Hong Than (In Re Nguyen Hong Than)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1997
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- In Re EulerUnited States Bankruptcy Court, M.D. Florida · 2000
- Profit v. Savage (In Re Profit)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2002
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