Legal Opinion
In the Matter of William S. CHAFFIN, Debtor. Appeal of William S. CHAFFIN
Court of Appeals for the Fifth Circuit
Decided January 25, 1988No. 86-1854PublishedCited by 71 opinions
1Opinion of the Court
ON RECONSIDERATION BY THE COURT SUA SPONTE
ALVIN B. RUBIN, Circuit Judge:
Acting on its own motion, the panel has reconsidered its decision in this case. We modify our previous opinion so as to delete the final three paragraphs 1 and, for the reasons stated in this opinion, remand to the district court for further factual determination concerning Chaffin’s good faith in proposing his Chapter 13 plan.
The facts are outlined in our previous opinion. We adhere to our holding that the fact that Chaffin is invoking Chapter 13 to obtain discharge of a debt previously held non-dischargeable in Chapter…
2Cases cited16 opinions
- In the Matter of Little Creek Development Company, Debtor. Little Creek Development Co. v. Commonwealth Mortgage Corp.Court of Appeals for the Fifth Circuit · 1986
- In Re Ronald Estus and Doris Estus, Debtors. United States of America v. Ronald EstusCourt of Appeals for the Eighth Circuit · 1982
- Memphis Bank & Trust Company v. Linda Gail WhitmanCourt of Appeals for the Sixth Circuit · 1982
- Margaret Ann Deans v. Gerald O'donnell, Trustee, in Re Margaret Ann DeansCourt of Appeals for the Fourth Circuit · 1982
- Gordon R. And Sharon L. Flygare, Debtors-Appellants v. Judith A. BouldenCourt of Appeals for the Tenth Circuit · 1983
11 more not listed; retrieve them via the Exa API.
3Cited by71 opinions
- In the Matter of Kenneth W. Smith, Debtor. Appeal of State of IndianaCourt of Appeals for the Seventh Circuit · 1988
- In Re Albert H. Caldwell, Debtor. James E. Hardin, James C. Hardin, and Ralph Majors, Cross-Appellants v. Albert H. Caldwell, Cross-AppelleeCourt of Appeals for the Sixth Circuit · 1990
- Fidelity & Casualty Co. of New York v. Warren (In Re Warren)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1988
- In Re Joseph and Sandra Schaitz, Debtors. Appeal of Gwenn L. Webb and Colton WebbCourt of Appeals for the Seventh Circuit · 1990
- Mason v. YoungCourt of Appeals for the Tenth Circuit · 2001
66 more not listed; retrieve them via the Exa API.