Legal Opinion
In Re Bloebaum
United States Bankruptcy Court, W.D. Texas
Decided June 9, 2004No. 19-30263PublishedCited by 2 opinions
1Opinion of the Court
MEMORANDUM OPINION RECONSIDERING RULING OF FEBRUARY 17, 2001p
FRANK R. MONROE, Bankruptcy Judge.
The matter before the Court is the Chapter 13 Trustee’s Motion to Reconsider filed on March 12, 2004. The Court has reconsidered whether 11 U.S.C. § 726(a)(3) applies in a case filed under Chapter 13 of Title 11 because of the plain meaning of 11 U.S.C. § 502(b)(9). For the reasons stated below, the Court holds that § 726(a)(3) does not apply in a case filed under Chapter 13.
I. Factual Background
David and Emma Bloebaum filed for bankruptcy under Title 11 of the United States Code (“Code”) under…
2Cases cited6 opinions
- Lamie v. United States TrusteeSupreme Court of the United States · 2004
- Hartford Underwriters Insurance v. Union Planters Bank, N. A.Supreme Court of the United States · 2000
- Green v. Bock Laundry MacHine Co.Supreme Court of the United States · 1989
- In Re HausladenUnited States Bankruptcy Court, D. Minnesota · 1992
- United States v. WaindelCourt of Appeals for the Fifth Circuit · 1995
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3Cited by2 opinions
- In Re CookUnited States Bankruptcy Court, N.D. Ohio · 2005
- Laura R DolerUnited States Bankruptcy Court, N.D. Mississippi · 2021