Legal Opinion
Johnson v. Seely (In Re Seely)
United States Bankruptcy Court, E.D. Virginia
Decided October 3, 1980No. 19-30257PublishedCited by 40 opinions
1Opinion of the Court
DECLARATORY JUDGMENT
HAL J. BONNEY, Jr., Bankruptcy Judge.
Has the Congress by the Bankruptcy Reform Act of 1978 repealed the “honest debt- or” doctrine in Chapter 13 cases?
Aye, it appears it has indeed so done-intentionally or unintentionally.
One of the primary purposes of bankruptcy has been [past tense] “to relieve the honest debtor from the weight of oppressive indebtedness.” Local Loan Co. v. Hunt, 292 U.S. 234, 244, 54 S.Ct. 695, 699, 78 L.Ed. 1230 (1934), emphasis added.
The above-captioned cases present unique situations which beg the issue as it pertains to dischargeability. The…
2Cases cited8 opinions
- Local Loan Co. v. HuntSupreme Court of the United States · 1934
- Cleveland Trust Co. v. Keckler (In Re Keckler)United States Bankruptcy Court, N.D. Ohio · 1980
- Loeb Apartments, Inc. v. MalwitzCourt of Appeals for the Seventh Circuit · 1937
- Mecca Temple of Ancient Arabic Order of Nobles of Mystic Shrine v. DarrockCourt of Appeals for the Second Circuit · 1944
- Arey & Russell Lumber Co., Inc. v. American Nat. Bank & Trust Co. Of Danville, VirginiaCourt of Appeals for the Fourth Circuit · 1953
3 more not listed; retrieve them via the Exa API.
3Cited by40 opinions
- In Re Gregory A. Lemaire, Debtor. Paul Handeen v. Gregory A. LemaireCourt of Appeals for the Eighth Circuit · 1990
- Matter of JenningsUnited States Bankruptcy Court, S.D. Ohio · 1983
- Bank of America National Trust & Savings Ass'n v. Slade (In Re Slade)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1981
- In Re ToddUnited States Bankruptcy Court, N.D. Illinois · 1986
- In Re OteroUnited States Bankruptcy Court, E.D. Virginia · 1985
35 more not listed; retrieve them via the Exa API.