Legal Opinion

All Denominational New Church v. Pelofsky (In Re All Denominational New Church)

United States Bankruptcy Appellate Panel for the Eighth Circuit

Decided October 31, 2001No. 01-6053WMPublishedCited by 7 opinions

1Opinion of the Court

DREHER, Bankruptcy Judge.

This is an appeal from an order of the bankruptcy court dismissing Debtor’s Chapter 11 case. For the reasons stated below, we affirm.

FACTS

All Denominational New Church (“Debt- or”) is an unincorporated association. Richard Charles Tolbert (“Tolbert”) is its founder and minister. Since March 1997, Tolbert has filed eight consecutive Chapter 13 bankruptcy cases in the Western District of Missouri. The first six cases were dismissed for failure to file schedules or a Statement of Financial Affairs. On March 13, 2000, Tolbert filed his seventh Chapter 13 case in the name…

2Cases cited5 opinions

  1. In the Matter of Woodbrook Associates, Debtor-AppellantCourt of Appeals for the Seventh Circuit · 1994
  2. In Re Cedar Shore Resort, Inc., Debtor. Cedar Shore Resort, Inc. v. Paul Mueller and Mary Pat MuellerCourt of Appeals for the Eighth Circuit · 2000
  3. In Re TornheimUnited States Bankruptcy Court, S.D. New York · 1995
  4. Hatcher v. U.S. Trustee (In Re Hatcher)United States Bankruptcy Appellate Panel for the Eighth Circuit · 1998
  5. In Re Schriock Construction, Inc.United States Bankruptcy Court, D. North Dakota · 1994

3Cited by7 opinions

  1. In re Aurora Memory Care, LLCUnited States Bankruptcy Court, N.D. Illinois · 2018
  2. In re Sandia Resorts, Inc.United States Bankruptcy Court, D. New Mexico · 2016
  3. Marrama v. Citizens Bank of Mass.Supreme Court of the United States · 2007
  4. In re AdamsUnited States Bankruptcy Court, E.D. Arkansas · 2003
  5. Marrama v. Citizens BankCourt of Appeals for the Ninth Circuit · 2007

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