Legal Opinion

Cisneros v. United States (In re Cisneros)

Court of Appeals for the Ninth Circuit

Decided June 8, 1993No. 91-55883PublishedCited by 27 opinions

1Opinion of the Court

O’SCANNLAIN, Circuit Judge:

We decide whether a bankruptcy court may vacate its order of discharge entered in a Chapter 13 proceeding because of a mistake of fact.

I

Alfred and Colleen Cisneros (“the Debtors”) filed for personal bankruptcy under Chapter 13 on August 6, 1987. A payment plan (“the Plan”) was confirmed shortly thereafter, under which the Debtors were to pay $4,320 per month to the Chapter 13 trustee (the “Trustee”) for a period of fifty-three months. Of this amount, the Trustee was to pay over $3,388 to the Internal Revenue Service each month for the duration of the Plan.

In the…

2Cases cited7 opinions

  1. Edward A. Ashford v. Charles Steuart, Don Erby, Ray Beaman, Steve Stedfelt, and Maynard RossCourt of Appeals for the Ninth Circuit · 1981
  2. Bankr. L. Rep. P 71,526 Lonneker Farms, Inc. And Robert Lonneker v. John Klobucher, Allen Hatley, Allen Hatley and Associates, DefendantsCourt of Appeals for the Ninth Circuit · 1986
  3. Bankr. L. Rep. P 74,571 in Re Judy L. Dewalt, Debtor. Manufacturers Hanover, Fka Finance One of California, Inc. v. Judy L. DewaltCourt of Appeals for the Ninth Circuit · 1992
  4. Miller v. BriggsSupreme Court of the United States · 1992
  5. Kozman v. Herzig (In Re Herzig)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1989

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3Cited by27 opinions

  1. Menk v. Lapaglia (In Re Menk)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1999
  2. In Re Pacific Atlantic Trading Co., Debtor. United States of America, Claimant-Appellant v. Robert F. Towers, Trustee-AppelleeCourt of Appeals for the Ninth Circuit · 1994
  3. Storey v. Pees (In Re Storey)Bankruptcy Appellate Panel of the Sixth Circuit · 2008
  4. In Re MosbyUnited States Bankruptcy Court, E.D. Virginia · 2000
  5. Hasso v. Mozsgai (In Re La Sierra Financial Services, Inc.)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2002

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

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