Legal Opinion

Aspen Skiing Co. v. Cherrett (In Re Cherrett)

Court of Appeals for the Ninth Circuit

Decided October 16, 2017No. 14-60079PublishedCited by 24 opinions

1Opinion of the Court

Dissent by Judge Nguyen

OPINION

CHRISTEN, Circuit Judge:

This case calls for the court to decide whether a housing loan, made by an employer to an employee as a key part of a compensation package, qualified as a non-consumer debt. If the loan was a non-consumer debt, the bankruptcy court properly denied Aspen Skiing Company’s motion to' dismiss the Cherretts’ Chapter 7 bankruptcy petition under 11 U.S.C. § 707(b)(1). On the other hand, if the loan was a consumer debt, the bankruptcy court erred by denying the motion to dismiss. The Bankruptcy Appellate Panel (BAP) affirmed the bankruptcy court,…

2Cases cited26 opinions

  1. In Re Nancy Shao Su in Re Louis C. Su, A/K/A Chienlu Su, Debtors. Dora Carrillo v. Louis C. SuCourt of Appeals for the Ninth Circuit · 2002
  2. Zolg v. Kelly (In re Kelly)Court of Appeals for the Ninth Circuit · 1988
  3. International Union of Bricklayers & Allied Craftsman Local Union No. 20 v. Martin Jaska, Inc.Court of Appeals for the Ninth Circuit · 1985
  4. In Re Robert J. KESTELL, Debtor. Robert J. KESTELL, Plaintiff-Appellant, v. Janet A. KESTELL, Defendant-AppelleeCourt of Appeals for the Fourth Circuit · 1996
  5. Stewart v. United States Trustee (In Re Stewart)Court of Appeals for the Tenth Circuit · 1999

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3Cited by24 opinions

  1. Donald Golden v. California Emergency PhysicianCourt of Appeals for the Ninth Circuit · 2018
  2. Americans for Prosperity Found v. Xavier BecerraCourt of Appeals for the Ninth Circuit · 2018
  3. In re DurantUnited States Bankruptcy Court, D. Maryland · 2018
  4. In re GrillotUnited States Bankruptcy Court, D. Kansas · 2017
  5. Lenore Albert v. Jeffrey GoldenCourt of Appeals for the Ninth Circuit · 2021

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

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