Legal Opinion
In Re William Andrews Elana Andrews, Debtors. William Andrews Elana Andrews v. Lawrence J. Loheit, Chapter 13 Trustee
Court of Appeals for the Ninth Circuit
Decided March 8, 1995No. 93-16632PublishedCited by 66 opinions
1Opinion of the Court
TANG, Senior Circuit Judge:
Appellants filed a plan of reorganization to which only the Chapter 13 trustee objected. No secured creditors objected. The bank ruptcy appellate- panel (“BAP”) held that a Chapter 13 trustee had standing to object to confirmation of a plan under § 1325(a)(5) of the Bankruptcy Code. 1 We have jurisdiction under 28 U.S.C. § 158(d) and we affirm. We hold that the trustee had standing to object under 11 U.S.C. § 1325(a)(1) rather than § 1325(a)(5).
I
William and Elena Andrews, debtors, filed their Chapter- 13 petition concurrently with their plan of reorganization on…
2Cases cited11 opinions
- Reiter v. Sonotone Corp.Supreme Court of the United States · 1979
- Reiter v. Sonotone Corp.Supreme Court of the United States · 1979
- In Re Fred J. Szostek, Denise M. SzostekCourt of Appeals for the Third Circuit · 1989
- Lawrence Tractor Co. v. GregoryCourt of Appeals for the Ninth Circuit · 1983
- In Re James E. Johnston, Dba Johnston Enterprises, Debtor. Steelcase Inc. v. James E. Johnston and Unsecured Creditors' CommitteeCourt of Appeals for the Ninth Circuit · 1994
6 more not listed; retrieve them via the Exa API.
3Cited by66 opinions
- Searles v. Riley (In Re Searles)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2004
- Great Lakes Higher Education Corp. v. Pardee (In Re Pardee)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1998
- Meyer v. Hill (In Re Hill)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2001
- In Re MontoyaUnited States Bankruptcy Court, D. Utah · 2006
- In Re: Wayne K. Crawford, Debtor-AppellantCourt of Appeals for the Seventh Circuit · 2003
61 more not listed; retrieve them via the Exa API.