Legal Opinion

Duplessis v. Valenti (In Re Valenti)

United States Bankruptcy Appellate Panel for the Ninth Circuit

Decided May 11, 2004No. BAP No. CC-03-1096-MoPMa. Bankruptcy No. SV 01-16072 KL. Adversary No. SV 02-01812 KLPublishedCited by 19 opinions

1Opinion of the Court

OPINION

MONTALI, Bankruptcy Judge.

Karen Valenti (“Debtor”) allegedly hid $700.00 per month of income, concealed her ongoing beneficial interest in a single family home she had quitclaimed to her daughter pre-petition, and lied about having paid off the mortgage debt on that home through escrow. According to creditors and appellants Roy and Denise Du-plessis (“Creditors”), Debtor was ineligible for Chapter 13 relief under Section 109(e), her plan was unconfirmable under Section 1325, and she obtained confirmation through fraud so that she could use the Chapter 13 super-discharge to avoid paying…

2Cases cited44 opinions

  1. United States v. Ron Pair Enterprises, Inc.Supreme Court of the United States · 1989
  2. Sprewell v. Golden State WarriorsCourt of Appeals for the Ninth Circuit · 2001
  3. Norwest Bank Worthington v. AhlersSupreme Court of the United States · 1988
  4. Parks School of Business, Inc., Dba Parks College, a New Mexico Corporation v. Fife Symington Roy A. Nicholson Sally HeinCourt of Appeals for the Ninth Circuit · 1995
  5. Sprewell v. Golden State WarriorsCourt of Appeals for the Ninth Circuit · 2001

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3Cited by19 opinions

  1. Mendez v. Salven (In Re Mendez)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2007
  2. In Re Jim Lee Wiersma in Re Patricia Darlene Wiersma, Debtors, Jim Lee Wiersma Patricia Darlene Wiersma v. Bank of the West, F/k/a United California Bank, United States Trustee, Trustee-Appellee. In Re Jim Lee Wiersma in Re Patricia Darlene Wiersma, Debtors, Bank of the West, F/k/a United California Bank v. Jim Lee Wiersma Patricia Darlene WiersmaCourt of Appeals for the Ninth Circuit · 2007
  3. In re FennellUnited States Bankruptcy Court, E.D. New York · 2012
  4. Scott v. Countrywide Home Loans, Inc. (In Re Scott)United States Bankruptcy Court, D. Idaho · 2007
  5. In Re MagundayaoUnited States Bankruptcy Court, S.D. New York · 2004

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