Legal Opinion
In re Bushyhead
United States Bankruptcy Court, N.D. Oklahoma
Decided January 21, 2015No. 13-12897-MPublishedCited by 9 opinions
1Opinion of the Court
MEMORANDUM OPINION
TERRENCE L. MICHAEL, Chief Judge.
A bankruptcy court may be the only place where the ability to pay a debt causes problems. The question before the Court is whether guarantors of a failed business with the ability to repay the business debt should be allowed to discharge that debt by filing a Chapter 7 bankruptcy petition. The United States Trustee says no, arguing that debtors who can pay then-debts and choose not to, act in bad faith. The Debtors contend that they are exercising their rights under the laws of the United States, and one of those rights is the right to seek a…
2Cases cited19 opinions
- Pepper v. LittonSupreme Court of the United States · 1939
- In Re: Danny Padilla, Debtor. William T. Neary, United States Trustee for Region 16 v. Danny PadillaCourt of Appeals for the Ninth Circuit · 2000
- In Re: Craig Piazza, Craig Piazza v. Nueterra Healthcare Physical Therapy, LLCCourt of Appeals for the Eleventh Circuit · 2013
- In Re Randy Arden Frieouf, Debtor. Randy Arden Frieouf v. United States of America Farm Credit Bank of WichitaCourt of Appeals for the Tenth Circuit · 1991
- In Re Coastal Cable T v. Inc., Debtor. Gerald Connell v. Coastal Cable T v. Inc.Court of Appeals for the First Circuit · 1983
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3Cited by9 opinions
- Ralph Janvey v. Peter RomeroCourt of Appeals for the Fourth Circuit · 2018
- In re UcheUnited States Bankruptcy Court, M.D. Florida · 2016
- In re ChovevUnited States Bankruptcy Court, E.D. New York · 2016
- In re McVickerUnited States Bankruptcy Court, N.D. Ohio · 2016
- In re MerkelUnited States Bankruptcy Court, S.D. Florida. · 2018
4 more not listed; retrieve them via the Exa API.