Legal Opinion

Sievers v. Green (In Re Green)

United States Bankruptcy Appellate Panel for the Ninth Circuit

Decided August 14, 1986No. Bankruptcy App. Panel No. OR-86-1168-MeEAs, Bankruptcy No. 385-01707PublishedCited by 18 opinions

1Opinion of the Court

MEYERS, Bankruptcy Judge:

This appeal raises the question of whether a trial court is required, as a matter of law, to dismiss a Chapter 13 case after the Debtors defaulted on scheduled payments. We conclude that no such requirement exists and AFFIRM.

Linda Sievers entered into a land sale contract with Gary Walter Randolph Green and Jenelle L. Green (“Debtors”), wherein Sievers was to receive $102,000 payable in monthly installments. After the Debtors fell behind in these payments, they filed a Chapter 13 petition. Immediately after confirmation of their Chapter 13 plan, the Debtors fell…

2Cases cited4 opinions

  1. Matter of HearnUnited States Bankruptcy Court, D. Nebraska · 1982
  2. In Re SandoDistrict Court, E.D. Pennsylvania · 1983
  3. In Re BenediktssonUnited States Bankruptcy Court, W.D. Washington · 1983
  4. In Re JarvisUnited States Bankruptcy Court, D. Vermont · 1982

3Cited by18 opinions

  1. In Re: Nina Marie Barbieri, Debtor. Nina Marie Barbieri, Debtor-Appellant v. Raj Acquisition Corp. Chapter 7 Trustee TrusteeCourt of Appeals for the Second Circuit · 1999
  2. In Re BlaiseBankruptcy Appellate Panel of the Second Circuit · 1998
  3. Booher Enterprises v. Eastown Auto Co. (In Re Eastown Auto Co.)Bankruptcy Appellate Panel of the Sixth Circuit · 1998
  4. In Re MoseleyUnited States Bankruptcy Court, C.D. California · 1987
  5. Loya v. Rapp (In Re Loya)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1991

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