Legal Opinion
In Re Julian Roosevelt Goeb and Jane Alma Goeb, Debtors. In Re Julian Roosevelt Goeb and Jane Alma Goeb v. Harry W. Heid, Chapter 13 Trustee
Court of Appeals for the Ninth Circuit
Decided May 3, 1982No. 80-5569; Bankruptcy 79-03326-MPublishedCited by 253 opinions
1Opinion of the Court
CHOY, Circuit Judge:
Julian and Jane Goeb appeal from the bankruptcy court’s refusal to confirm their Chapter 13 bankruptcy plan. Section 1325(a), 11 U.S.C., instructs bankruptcy courts to confirm Chapter 13 plans that satisfy six conditions. 1 In this case, the court held that the Goebs’ plan satisfied all but the condition imposed by subsection (a)(3), that “the plan has been proposed in good faith and not by any means forbidden by the law.” Because the court misapplied the good-faith requirement, we reverse and remand for further consideration of the Goebs’ plan.
I. Facts
The Goebs proposed a…
2Cases cited10 opinions
- Coppedge v. United StatesSupreme Court of the United States · 1962
- Pepper v. LittonSupreme Court of the United States · 1939
- Securities & Exchange Commission v. United States Realty & Improvement Co.Supreme Court of the United States · 1940
- American United Mutual Life Insurance v. City of Avon ParkSupreme Court of the United States · 1940
- In Re Stuart R. And Shiela M. Terry, Debtors, A. L. Tenney, Trustee v. Stuart R. And Shiela M. Terry, DebtorsCourt of Appeals for the Eighth Circuit · 1980
5 more not listed; retrieve them via the Exa API.
3Cited by253 opinions
- In Re Ronald Estus and Doris Estus, Debtors. United States of America v. Ronald EstusCourt of Appeals for the Eighth Circuit · 1982
- In Re Charles E. Kitchens and Olivia L. Kitchens, Bankrupt. Charles E. Kitchens and Olivia L. Kitchens v. Georgia Railroad Bank and Trust CompanyCourt of Appeals for the Eleventh Circuit · 1983
- In Re Jonathan Barnes Leavitt, Debtor. Jonathan Barnes Leavitt v. Carlos SotoCourt of Appeals for the Ninth Circuit · 1999
- Lawrence Tractor Co. v. GregoryCourt of Appeals for the Ninth Circuit · 1983
- Margaret Ann Deans v. Gerald O'donnell, Trustee, in Re Margaret Ann DeansCourt of Appeals for the Fourth Circuit · 1982
248 more not listed; retrieve them via the Exa API.