· 10/9/1985
In the Matter of Timothy R. Pearson and Mary T. Pearson, Debtors. Comprehensive Accounting Corporation v. Timothy R. Pearson and Mary T. Pearson
Citations
- 773 F.2d 751
- 13 Collier Bankr. Cas. 2d 749
- 1985 U.S. App. LEXIS 23513
- 54 U.S.L.W. 2210
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- ruling bankruptcy court may look outside the schedules if it appears that the debt is other than the debtor represented
- indicating that a debtor’s “claim of eligibility” for chapter 13, as evidenced by the petition and schedules, must be made “in good faith?’
- dismissing as “relatively immaterial” post- petition developments “that might render more certain the precise nature of the debt itself and the extent to which it is ultimately found to be secured”
- congress intended to limit the class of persons who might avail themselves of access to chapter 13
- “[T]he fact that some later resolution of the conflict might render more certain the precise nature of the debt itself ... is relatively immaterial in determining the debtors’ financial condition and Chapter 13 eligibility on the date the petition is filed.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Engel, Keith, Jones
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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