Third Circuit· 6/1/2017

Paul Klaas v.

Citations

858 F.3d 820
77 Collier Bankr. Cas. 2d 1633
2017 WL 2367976
2017 U.S. App. LEXIS 9661

How courts have described this case

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

noting in a case involving the interpretation of §§ 1307(c) and 1328(a) that courts exercise plenary review \over any conclusions of law that form the basis for an exercise of discretion\
noting that a plan cannot .be modified for a term that is greater than five years but holding a “court may deny a motion to dismiss and/or grant a completion discharge when there remains at the end of that plan term a shortfall that the debtor is willing and able to cure.”
“[B]ankruptcy courts retain discretion under the Bankruptcy Code to grant a reasonable grace period for debtors to cure an arrearage[.]”
“we conclude the non-exhaustive list of factors a bankruptcy court should consider in deciding whether to allow a grace period include: (1) whether the debtor substantially complied with the plan, including the debtor's diligence in making prior payments; (2
rejecting creditor’s argument because it “would... produce absurd results’’

Source: CourtListener parenthetical corpus (CC0).

Judges: Fisher, Vanaskie, Krause

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Cited by

12 cases in this archive cite this case.

Cites

31 cases in this archive are cited by this case; the 20 most cited are listed.

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