Legal Opinion

Smyrnos v. Padilla (In Re Padilla)

United States Bankruptcy Appellate Panel for the Ninth Circuit

Decided August 12, 1997No. BAP No. CC 96-1064-TJH, Bankruptcy No. SV 95-14732 KLPublishedCited by 29 opinions

1Opinion of the Court

OPINION

TCHAIKOVSKY, Bankruptcy Judge.

In February 1995, Appellant Gus Smyrnos (“Smyrnos”) obtained a nondischargeable judgment against Debtor/Appellee- Francisco R. Padilla (“Padilla”) in a chapter 7 case filed in .December 1993. Three months later, in June 1993, Padilla filed a chapter 13 plan. Smyrnos objected to confirmation of the plan on the ground that it was not filed in good faith. The bankruptcy court overruled the objection and confirmed the plan. Smyrnos appeals this decision. For the reasons stated below, we AFFIRM.

I. SUMMARY OF FACTS

Padilla filed a petition for relief under…

2Cases cited9 opinions

  1. Anderson v. City of Bessemer CitySupreme Court of the United States · 1985
  2. United States v. United States Gypsum Co.Supreme Court of the United States · 1948
  3. Johnson v. Home State BankSupreme Court of the United States · 1991
  4. In Re Julian Roosevelt Goeb and Jane Alma Goeb, Debtors. In Re Julian Roosevelt Goeb and Jane Alma Goeb v. Harry W. Heid, Chapter 13 TrusteeCourt of Appeals for the Ninth Circuit · 1982
  5. Don Kirshner, and Schumaier, Roberts & McKinsey v. Uniden Corporation of AmericaCourt of Appeals for the Ninth Circuit · 1988

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3Cited by29 opinions

  1. Price v. Lehtinen (In Re Lehtinen)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2005
  2. In Re MarondeUnited States Bankruptcy Court, D. Minnesota · 2005
  3. In Re MattsonUnited States Bankruptcy Appellate Panel for the Ninth Circuit · 2012
  4. In Re Sylmar Plaza, L.P. In Re Steven Henry Hornwood in Re Rita Holtzman Hornwood in Re Roberta May Hornwood, Debtors. Platinum Capital, Inc. v. Sylmar Plaza, L.P. Rita Holtzman Hornwood Steven Henry Hornwood Roberta May HornwoodCourt of Appeals for the Ninth Circuit · 2002
  5. Villanueva v. Dowell (In Re Villanueva)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2002

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