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· 12/1/2008

Torres Martinez v. Arce (Torres Martinez)

Citations

  • 397 B.R. 158
  • 61 Collier Bankr. Cas. 2d 70
  • 2008 Bankr. LEXIS 3643
  • 2008 WL 5050561

How courts have described this case

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

  • implying that the obligation of a Chapter 13 debtor to commence a case in good faith now resides in § 1325(a)(7) rather than § 1307(c)
  • holding that creditor had a pecuniary interest in the case that was not affected by the disallowance of his claim because “disallowance of the ... claim only curtailed his right to payment under a confirmed plan which would have discharged his claim were the plan fully performed.”
  • appellants bear the burden of providing the appellate court with all transcripts necessary to address the issues raised on appeal
  • appellants bear the burden of providing the appellate court with all transcripts necessary to address the issues raised on appeal
  • “[a] party in interest is defined as one whose pecuniary interests are directly affected by the bankruptcy proceedings”
  • claimant whose claim was 11 disallowed still deemed party in interest for purposes of seeking dismissal under Sect. 12 1307(c)

Source: CourtListener parenthetical corpus (CC0).

Judges: Boroff, Deasy, Rosenthal

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.