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· 12/21/2000

Barbosa v. Solomon

Citations

  • 235 F.3d 31
  • 45 Collier Bankr. Cas. 2d 596
  • 2000 U.S. App. LEXIS 33448
  • 2000 WL 1848515

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • holding modification of chapter 13 plan to require 100% payout to unsecured creditors following sale of investment property not an abuse of discretion
  • explaining that this approach “gives meaning to both sections 1306 and 1327, without the subjective analysis required by the [estate transformation] approach”
  • rejecting the ‘substantial and unanticipated change’ standard as ‘not contemplated by the statute’
  • affirming the bankruptcy court’s decision to require an increased dividend to unsecured creditors
  • “Because we think that this approach has a logical consistency that harmonizes two apparent inconsistent sections .... ”
  • “These are doctrines of judicial origin.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Torruella, Selya, Casellas

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.