Legal Opinion
Household Finance Corp. v. Jacobsen (In Re Jacobsen)
United States Bankruptcy Appellate Panel for the Ninth Circuit
Decided September 17, 1982No. BAP. No. NC-81-1072-VGL, Bankruptcy No. 6-80-0459-M, Civ. No. 80-4081-SW, Adv. No. 800174PublishedCited by 8 opinions
1Opinion of the Court
OPINION
VOLINN, Bankruptcy Judge.
Appellant, a Chapter 13 creditor, contends that it should be relieved of the automatic stay of § 1301(a) so that it may proceed, pursuant to § 1301(c)(2), to sue a co-obligor of the debtor for so much of its debts as is not provided for by the plan (this was a 15% plan). The court below held that, during the life of the plan or until the Chapter 13 case was closed, dismissed, or converted, the creditor was stayed from suing the co-obligor for recovery of the 85% or whatever balance was not paid under the plan. We REVERSE.
I
The debtor filed a plan proposing to…
2Cases cited1 opinion
- Police Federal Credit Union v. Holmes (In Re Holmes)District Court, District of Columbia · 1981
3Cited by8 opinions
- In Re Robinson Ranch, Inc.United States Bankruptcy Court, D. Montana · 1987
- In Re Circle Five, Inc.United States Bankruptcy Court, D. Idaho · 1987
- Southeastern Bank v. BrownDistrict Court, S.D. Georgia · 2001
- First Franklin Financial Corp. v. Alls (In Re Alls)United States Bankruptcy Court, S.D. Georgia · 1999
- In Re FinkUnited States Bankruptcy Court, S.D. Ohio · 1990
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