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Legal Opinion

In Re Coby

United States Bankruptcy Court, D. Nevada

Decided January 26, 1990No. 19-10555PublishedCited by 7 opinions

1Opinion of the Court

MEMORANDUM DECISION AND ORDER

LINDA B. RIEGLE, Bankruptcy Judge.

Doris Coby filed a chapter 13 bankruptcy petition on September 24, 1987. The Internal Revenue Service (IRS) filed a proof of claim for back taxes in the amount of $36,-959 secured by a lien on the debtor’s residence. The debtor objected to the claim arguing, inter alia, that for purposes of providing for the claim under 11 U.S.C. § 1325(a)(5), the “allowed secured claim” as defined by 11 U.S.C. § 506(a) must be computed by deducting the hypothetical costs of sale. 1 The debtor is employed in the gaming industry and there is no…

2Cases cited5 opinions

  1. In Re CourtrightUnited States Bankruptcy Court, D. Oregon · 1986
  2. In Re CookUnited States Bankruptcy Court, D. Utah · 1984
  3. Wolk v. Goldome Realty Credit Corp. (In Re 222 Liberty Associates)United States Bankruptcy Court, E.D. Pennsylvania · 1989
  4. In Re SmithUnited States Bankruptcy Court, S.D. Ohio · 1988
  5. Valley National Bank of Arizona v. Malody (In Re Malody)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1989

3Cited by7 opinions

  1. In Re RobbinsUnited States Bankruptcy Court, D. Massachusetts · 1990
  2. In Re SpacekUnited States Bankruptcy Court, W.D. Texas · 1990
  3. In Re CardUnited States Bankruptcy Court, N.D. California · 1990
  4. In Re JohnsonUnited States Bankruptcy Court, D. Idaho · 1990
  5. United States v. Coby (In Re Coby)District Court, D. Nevada · 1991

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