Legal Opinion

In Re Perkins

United States Bankruptcy Court, M.D. Tennessee

Decided March 12, 1990No. 388-05686PublishedCited by 25 opinions

1Opinion of the Court

MEMORANDUM

KEITH M. LUNDIN, Bankruptcy Judge.

The question presented is whether the post-confirmation conversion into cash of a revealed asset warrants modification of a Chapter 13 plan over the debtor's objection to require payment of the cash to creditors. Because the proposed modified plan fails the feasibility test in 11 U.S.C. § 1325(a)(6), modification is denied.

I

On September 1, 1988, Kenneth and Deborah Perkins filed a Chapter 13 petition. A divorce decree, dated March 18, 1982, gave Kenneth Perkins an interest in his former residence. Under the decree, the debtor’s former wife owned the…

2Cases cited13 opinions

  1. United States v. Ron Pair Enterprises, Inc.Supreme Court of the United States · 1989
  2. In Re Francis A. Arnold, A/K/A Frank Arnold, Debtor. Francis A. Arnold, A/K/A Frank Arnold v. Ruth WeastCourt of Appeals for the Fourth Circuit · 1989
  3. In Re JockUnited States Bankruptcy Court, M.D. Tennessee · 1989
  4. In Re MoseleyUnited States Bankruptcy Court, C.D. California · 1987
  5. In Re EuerleUnited States Bankruptcy Court, D. New Hampshire · 1987

8 more not listed; retrieve them via the Exa API.

3Cited by25 opinions

  1. In the Matter of Ronald J. Witkowski, Debtor-AppellantCourt of Appeals for the Seventh Circuit · 1994
  2. Powers v. Savage (In Re Powers)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1996
  3. In Re BarbosaUnited States Bankruptcy Court, D. Massachusetts · 1999
  4. In Re PowersUnited States Bankruptcy Court, N.D. Illinois · 1992
  5. In Re SolisUnited States Bankruptcy Court, S.D. New York · 1994

20 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API