Legal Opinion

Nicholes v. Johnny Appleseed of Washington (In Re Nicholes)

United States Bankruptcy Appellate Panel for the Ninth Circuit

Decided June 23, 1995No. BAP No. ID-94-1188-RuMeJ. Bankruptcy No. 93-02824PublishedCited by 71 opinions

1Opinion of the Court

OPINION

RUSSELL, Bankruptcy Judge:

A Chapter 13 debtor appeals the bankruptcy court’s summary order denying confirmation of his Chapter 13 plan.

I. FACTS

The debtor, Preston Neil Nicholes, is the president, director, and sole shareholder of Boss Fruit & Vegetable, Inc. (“Boss Fruit”). Boss Fruit is an Idaho corporation and a licensee under the Perishable Agricultural Commodities Act (“PACA”) codified at 7 U.S.C. §§ 499a et seq.

On September 28,1993, the debtor filed his petition for Chapter 13 relief, listing himself in the caption as “dba Boss Fruit & Vegetable, Inc.” His schedule of unsecured…

2Cases cited30 opinions

  1. In the Matter of Timothy R. Pearson and Mary T. Pearson, Debtors. Comprehensive Accounting Corporation v. Timothy R. Pearson and Mary T. PearsonCourt of Appeals for the Sixth Circuit · 1985
  2. Woodworking Enterprises, Inc. v. Baird (In Re Baird)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1990
  3. Sylvester v. Dow Jones & Co. (In Re Sylvester)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1982
  4. Federal Deposit Insurance Corp. v. Wenberg (In Re Wenberg)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1988
  5. In Re LambertUnited States Bankruptcy Court, D. Utah · 1984

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

3Cited by71 opinions

  1. Freeland v. Enodis Corp.Court of Appeals for the Seventh Circuit · 2008
  2. In Re: James P. Slack, Debtor. James P. Slack v. Wilshire Insurance CompanyCourt of Appeals for the Ninth Circuit · 1999
  3. 32 Collier bankr.cas.2d 38, Bankr. L. Rep. P 77,567 in Re Salvatore J. Mazzeo, Debtor. Salvatore J. Mazzeo v. United States of America and New York State, New York State Department of Taxation and Finance, Creditor, Marianne De Rosa, TrusteeCourt of Appeals for the Second Circuit · 1997
  4. Ho v. Dowell (In Re Ho)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2002
  5. Barcal v. Laughlin (In Re Barcal)United States Bankruptcy Appellate Panel for the Eighth Circuit · 1997

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

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