Legal Opinion

In Re Elmer FOBIAN and Elsie Fobian, Debtors. Elmer FOBIAN and Elsie Fobian, Appellants, v. WESTERN FARM CREDIT BANK, Appellee

Court of Appeals for the Ninth Circuit

Decided December 24, 1991No. 90-16313PublishedCited by 113 opinions

1Opinion of the Court

FLETCHER, Circuit Judge:

Elmer and Elsie Fobian appeal from the decision of the Bankruptcy Appellate Panel (“BAP”) reversing the bankruptcy court’s confirmation of their chapter 12 plan. They argue that the BAP erred in holding that the plan could not be confirmed because it did not meet the requirements of Section 1225 of the Bankruptcy Code. 1 The Bank argues for affirmance of the BAP’s decision, and asks that we award it attorneys’ fees and costs.

We affirm the BAP’s decision, but award the Bank only costs on appeal.

BACKGROUND

The Fobians are solvent Chapter 12 debtors. They are current on…

2Cases cited8 opinions

  1. In Re Philip Rubin, Debtor. Philip Rubin v. Hugh E. West Yasue WestCourt of Appeals for the Ninth Circuit · 1989
  2. In Re Coast Trading Company, Inc.Court of Appeals for the Ninth Circuit · 1984
  3. In Re JohnsonCourt of Appeals for the Ninth Circuit · 1985
  4. In Re James D. Fulwiler, Bankrupt. Donald E. Grove v. James D. FulwilerCourt of Appeals for the Ninth Circuit · 1980
  5. In Re ReedUnited States Bankruptcy Court, D. Utah · 1981

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3Cited by113 opinions

  1. Travelers Casualty & Surety Co. of America v. Pacific Gas & Electric Co.Supreme Court of the United States · 2007
  2. In Re Larry's ApartmentCourt of Appeals for the Ninth Circuit · 2001
  3. In Re Robert Ray Harrison and Frankey Daylene Harrison, Debtors. Agricredit Corporation v. Robert Ray Harrison and Frankey Daylene HarrisonCourt of Appeals for the Tenth Circuit · 1993
  4. SNTL Corp. v. Centre InsuranceCourt of Appeals for the Ninth Circuit · 2009
  5. Ford v. Baroff (In re Baroff)Court of Appeals for the Ninth Circuit · 1997

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

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