Legal Opinion

Kuntz v. Shambam (In Re Kuntz)

Bankruptcy Appellate Panel of the First Circuit

Decided April 7, 1999No. BAP MB 98-020PublishedCited by 31 opinions

1Opinion of the Court

LAMOUTTE, Bankruptcy Judge.

The issue on appeal is whether the actions of the debtor in delaying notification of receipt and turnover of an asset for three months constitute a lack of good faith sufficient to deny his one-time right to convert his liquidation case to one under Chapter 13 pursuant to 11 U.S.C. § 706(a).

JURISDICTION AND STANDARD OF REVIEW

The Bankruptcy Appellate Panel has jurisdiction to consider appeals from final orders issued by the bankruptcy court, 28 U.S.C. § 158(a)(1), in the manner prescribed by Part VIII of the Federal Rules of Bankruptcy Procedure. Whether a bankruptcy…

2Cases cited10 opinions

  1. In Re Vernon Lee Finney, Debtor. Vernon Lee Finney v. Alexander Pierce Smith, TrusteeCourt of Appeals for the Fourth Circuit · 1993
  2. In the Matter of Virginia Frederick Martin, Debtor. Virginia Frederick Martin v. Lehman A. Martin, Jr.Court of Appeals for the Fifth Circuit · 1989
  3. In Re CalderUnited States Bankruptcy Court, D. Utah · 1988
  4. In Re JeffreyUnited States Bankruptcy Court, D. Massachusetts · 1994
  5. In Re StarkeyUnited States Bankruptcy Court, N.D. Oklahoma · 1995

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

3Cited by31 opinions

  1. Cabral v. Shamban (In Re Cabral)Bankruptcy Appellate Panel of the First Circuit · 2002
  2. In Re: John Franklin Copper, Debtor. Athena Chen Copper Estate of Sumiko Yamaoka v. John Franklin CopperCourt of Appeals for the Sixth Circuit · 2005
  3. In Re PakurisUnited States Bankruptcy Court, E.D. Pennsylvania · 2001
  4. In Re KrishnayaUnited States Bankruptcy Court, S.D. New York · 2001
  5. Copper v. Copper (In Re Copper)Bankruptcy Appellate Panel of the Sixth Circuit · 2004

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

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