Legal Opinion

In re: Paul Richard Cherrett and Colleen Courtney Cherrett

United States Bankruptcy Appellate Panel for the Ninth Circuit

Decided November 7, 2014No. BAP CC-14-1056-DKiTa; Bankruptcy RS 13-24792-SCPublishedCited by 16 opinions

1Opinion of the Court

OPINION

DUNN, Bankruptcy Judge:

Appellant Aspen Skiing Company (“Aspen”) appeals the bankruptcy court’s order denying its motion to dismiss Paul and Colleen Cherretts’ (the “Cherretts”) chapter 7 case under § 707(b)(1) based on its finding and conclusion that the Cherretts’ debts were not primarily consumer debts. 1 We AFFIRM.

I. FACTUAL BACKGROUND

A. Pre-Bankruptcy Events

Paul Cherrett (“Paul”) 2 works in the hospitality industry and has worked for a number of employers during his career. Apparently, Paul is good at what he does, and his compensation historically has been high.

Beginning in 1998,…

2Cases cited27 opinions

  1. Anderson v. City of Bessemer CitySupreme Court of the United States · 1985
  2. United States v. HinksonCourt of Appeals for the Ninth Circuit · 2009
  3. Ransom v. FIA Card Services, N. A.Supreme Court of the United States · 2011
  4. Zolg v. Kelly (In re Kelly)Court of Appeals for the Ninth Circuit · 1988
  5. In Re Eugene Wayne Koch, Debra Marie Nelson-Koch, Debtors. Barbara G. Stuart, United States Trustee v. Eugene Wayne Koch, Debra Marie Nelson-KochCourt of Appeals for the Eighth Circuit · 1997

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3Cited by16 opinions

  1. In re: Richard Jackson and Tamara Anne JacksonUnited States Bankruptcy Appellate Panel for the Ninth Circuit · 2015
  2. Palmer v. LayingDistrict Court, D. Colorado · 2016
  3. In re PalmerUnited States Bankruptcy Court, D. Colorado · 2015
  4. In re FerreiraUnited States Bankruptcy Court, E.D. California · 2016
  5. (BK) In Re: Svenhard's Swedish BakeryDistrict Court, E.D. California · 2021

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