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Legal Opinion

In Re Massie

United States Bankruptcy Court, E.D. Virginia

Decided March 26, 1999No. 19-70137PublishedCited by 5 opinions

1Opinion of the Court

MEMORANDUM OPINION

MARTIN V. B. BOSTETTER, Bankruptcy Judge.

Here we deal with the issue before the Court of debtor Ellen LaFaye Massie’s motion to dismiss her Chapter 12 case and William P. Bock’s motion to convert debtor’s case to Chapter 7. Having heard arguments and evidence, the matter was taken under advisement. For the following reasons, we find Bock failed to meet his burden in proving that debtor committed fraud in filing her Chapter 12 petition. Accordingly, we decline to convert debtor’s Chapter 12 case to Chapter 7 pursuant to 11 U.S.C. § 1208(d).

However, the evidence does…

2Cases cited25 opinions

  1. Haines v. KernerSupreme Court of the United States · 1972
  2. Grogan v. GarnerSupreme Court of the United States · 1991
  3. Roadway Express, Inc. v. PiperSupreme Court of the United States · 1980
  4. Carolin Corporation v. Robert J. Miller, Jr.Court of Appeals for the Fourth Circuit · 1989
  5. In Re C-Tc 9th Avenue PartnershipCourt of Appeals for the Second Circuit · 1997

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3Cited by5 opinions

  1. In Re BurgerUnited States Bankruptcy Court, S.D. Ohio · 2000
  2. In re CarterUnited States Bankruptcy Court, M.D. North Carolina · 2017
  3. In re HuntUnited States Bankruptcy Court, M.D. Pennsylvania · 2014
  4. In re PackerUnited States Bankruptcy Court, N.D. Illinois · 2018
  5. Kenneth W Worden and Patricia M WordenUnited States Bankruptcy Court, N.D. New York · 2023

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