Legal Opinion
In re Lemus
United States Bankruptcy Court, E.D. Virginia
Decided September 17, 2014No. Case No. 14-31394-KRHPublishedCited by 3 opinions
1Opinion of the Court
Chapter 13
MEMORANDUM OPINION
Kevin R. Huennekens, UNITED STATES BANKRUPTCY JUDGE
Before the Court is a Motion to Dismiss the Debtor’s chapter 13 case, submitted by HSBC Bank, USA (“HSBC”). For the reasons set forth below, the Court finds that 11 U.S.C. § 1127(e) does not prevent the Debtor from filing a subsequent chapter 13 case after substantial consummation of the Debtor’s prior chapter 11 plan (the “Chapter 11 Plan”). The Debtor experienced a substantial and unanticipated change in her financial condition and her chapter 13 bankruptcy ease was filed in good faith. Therefore, the Court…
2Cases cited7 opinions
- Montana v. United StatesSupreme Court of the United States · 1979
- Margaret Ann Deans v. Gerald O'donnell, Trustee, in Re Margaret Ann DeansCourt of Appeals for the Fourth Circuit · 1982
- In The Matter Of Elmwood Development CompanyCourt of Appeals for the Fifth Circuit · 1992
- In re McMahanUnited States Bankruptcy Court, S.D. Texas · 2012
- In Re United States Brass Corp.United States Bankruptcy Court, E.D. Texas · 2000
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3Cited by3 opinions
- In re WashingtonUnited States Bankruptcy Court, D. South Carolina · 2017
- In re LoveyUnited States Bankruptcy Court, D. Idaho · 2019
- Gregory Mitchell Layman and Donna Kay LaymanUnited States Bankruptcy Court, E.D. Tennessee · 2019