Olson-Ioane v. Derham-Burk (In Re Olson)
United States Bankruptcy Appellate Panel for the Ninth Circuit
1Opinion of the Court
OPINION
KLEIN, Bankruptcy Judge.
This appeal presents the question whether a joint bankruptcy case under 11 U.S.C. § 302(a) may be commenced by amending an existing individual debtor’s petition in a case commenced under 11 U.S.C. § 301. Agreeing with every bankruptcy court that has faced the question, we conclude that a joint case may not be commenced by amending a petition.
FACTS
Shelly Olson, aka Shelly Ioane, aka Shelly Olson-Ioane (“Olson”) filed a chapter 13 bankruptcy case in March 1999.
In March 2000, she attempted to amend her petition to add her spouse, Michael Ioane, as a co-debtor “or…
2Cases cited7 opinions
- In Re AustinUnited States Bankruptcy Court, E.D. Wisconsin · 1985
- In Re ClintonUnited States Bankruptcy Court, N.D. Georgia · 1994
- Yaden v. Robinson (In Re Robinson)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1999
- In Re SobinUnited States Bankruptcy Court, M.D. Florida · 1989
- In Re KirkusUnited States Bankruptcy Court, N.D. Georgia · 1987
2 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Selinger v. Beaty (In Re Beaty)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2001
- In re ChilsonUnited States Bankruptcy Court, D. New Mexico · 2015
- In Re BuermanUnited States Bankruptcy Court, W.D. Arkansas · 2003
- In Re BradleyUnited States Bankruptcy Court, N.D. Indiana · 2005
- Kelvin Conrad Waters Sr.United States Bankruptcy Court, N.D. Georgia · 2023
2 more not listed; retrieve them via the Exa API.