Legal Opinion

In Re Thalmann

United States Bankruptcy Court, S.D. Texas

Decided March 13, 2012No. 19-80046PublishedCited by 8 opinions

1Opinion of the Court

MEMORANDUM OPINION ON: (1) CREDITOR’S MOTION TO DISMISS; AND (2) DEBTOR’S OBJECTION TO PROOF OF CLAIM

JEFF BOHM, Bankruptcy Judge.

I. Introduction

This Memorandum Opinion addresses two issues related to a final state court judgment obtained against the debtor pri- or to the filing of his Chapter 13 bankruptcy petition. The first issue concerns whether the debtor filed his Chapter 13 petition in bad faith by scheduling the final state court judgment as “disputed” and failing to list the amount of the judgment when the debtor would not be eligible for relief under Chapter 13 had he properly…

2Cases cited15 opinions

  1. Lehmann v. Har-Con Corp.Texas Supreme Court · 2001
  2. Stern v. MarshallSupreme Court of the United States · 2011
  3. Southmark Corp. v. Coopers & LybrandCourt of Appeals for the Fifth Circuit · 1999
  4. Bankr. L. Rep. P 76,905 in Re Edward J. Molitor, Debtor. Edward J. Molitor v. Gary C. Eidson Jeffrey M. SchoenwetterCourt of Appeals for the Eighth Circuit · 1996
  5. In the Matter of William S. CHAFFIN, Debtor. Appeal of William S. CHAFFINCourt of Appeals for the Fifth Circuit · 1988

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3Cited by8 opinions

  1. In re City of DetroitUnited States Bankruptcy Court, E.D. Michigan · 2013
  2. In re City of DetroitUnited States Bankruptcy Court, E.D. Michigan · 2013
  3. Wells Fargo Bank, N.A. v. Carssow-FranklinDistrict Court, S.D. New York · 2016
  4. In re City of DetroitUnited States Bankruptcy Court, E.D. Michigan · 2013
  5. In re Hardeman County Hospital DistrictUnited States Bankruptcy Court, N.D. Texas · 2015

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