In Re Fostvedt, 823 F.2d 305 (9th Cir. 1987). · Go Syfert
In Re Fostvedt, 823 F.2d 305 (9th Cir. 1987). Cases Citing This Book View Copy Cite
122 citation events (61 in the last 25 years) across 33 distinct courts.
Strongest positive: James Andrew Bussmann (orb, 2023-03-31)
Treatment trajectory · 1987 → 2026 · click a year to view as-of
1987 2006 2026
Top citers, strongest first. 47 distinct citers.
discussed Cited as authority (rule) James Andrew Bussmann
Bankr. D. Or. · 2023 · confidence medium
Under § 101(18), only those debts that are noncontingent and liquidated are included as part of the 50 percent number required in the eligibility calculation. “[A] contingent debt is ‘one which the debtor will be called upon to pay only upon the occurrence or happening of an extrinsic event which will trigger the liability of the debtor to the alleged creditor.’” Fostvedt v. Dow (In re Fostvedt), 823 F.2d 305, 306 (9th Cir. 1987) (citing Brockenbrough v. Commissioner, 61 B.R. 685, 686 (W.D.
discussed Cited as authority (rule) United States Pipe and Foundry Company LLC v. Michael H. Holland
11th Cir. · 2022 · confidence medium
Corp., 143 F.3d 525 , 532–33 (9th Cir. 1998) (“A contingent claim is ‘one which the debtor will be called upon to pay only upon the occurrence or happening of an extrinsic event which will trigger USCA11 Case: 20-13832 Date Filed: 05/03/2022 Page: 35 of 41 20-13832 ANDERSON, J., Concurring in part & dissenting in part 9 the liability of the debtor to the alleged creditor.’” (quoting Fostvedt v. Dow (In re Fostvedt), 823 F.2d 305, 306 (9th Cir. 1987))).
discussed Cited as authority (rule) In re Simon S Chan, Bankruptcy Case 18-40217, Judge Charles Novack
N.D. Cal. · 2021 · confidence medium
Appellant’s Br. at 24–26; Appellant’s Reply at 11–13. 18 “A debt is contingent ‘when the debtor will be called upon to pay only upon the occurrence or 19 happening of an extrinsic event which will trigger the liability of the debtor to the alleged 20 creditor.’” In re Fountain, 612 B.R. at 748–49 (quoting In re Fostvedt, 823 F.2d at 306).
cited Cited as authority (rule) In re: Anna Stahl
9th Cir. BAP · 2021 · confidence medium
In re Fountain, 612 B.R. at 749 (citing Fostvedt v. Dow (In re Fostvedt), 823 F.2d 305, 306 (9th Cir. 1987)).
discussed Cited as authority (rule) In re: Leiann Toni Fountain (2×)
9th Cir. BAP · 2020 · confidence medium
The Debt Is Not Contingent A debt is contingent when “the debtor will be called upon to pay [it] only upon the occurrence or happening of an extrinsic event which will trigger the liability of the debtor to the alleged creditor.” Fostvedt v. Dow (In re Fostvedt), 823 F.2d 305, 306 (9th Cir. 1987).
cited Cited as authority (rule) In re: Kristine L. Adams
9th Cir. BAP · 2018 · confidence medium
F. LLC), 836 F.3d 1028, 1033 (9th Cir. 2016) (citing Fostvedt v. Dow (In re Fostvedt), 823 F.2d 305, 306 (9th Cir. 1987)).
discussed Cited as authority (rule) In re: Robert Cooper Brown, III and Laura Ann Brown
9th Cir. BAP · 2017 · confidence medium
F. LLC), 836 F.3d 1028, 1033 (9th Cir. 2016) 12 (citing Fostvedt v. Dow (In re Fostvedt), 823 F.2d 305, 306 (9th 13 Cir. 1987)). 14 Before we consider whether Robert’s debt falls within the 15 definition of these terms, we first must resolve a threshold 16 issue.
discussed Cited as authority (rule) In re: Robert Cooper Brown, III and Laura Ann Brown
9th Cir. BAP · 2017 · confidence medium
F. LLC), 836 F.3d 1028, 1033 (9th Cir. 2016) 12 (citing Fostvedt v. Dow (In re Fostvedt), 823 F.2d 305, 306 (9th 13 Cir. 1987)). 14 Before we consider whether Robert’s debt falls within the 15 definition of these terms, we first must resolve a threshold 16 issue.
discussed Cited as authority (rule) Baroni v. Wells Fargo Bank, N.A. (In re Baroni)
Bankr. C.D. Cal. · 2016 · confidence medium
“A claim is ‘contingent’ when ‘the debtor will be called upon to pay [it] only upon the occurrence or happening of an extrinsic event which will trigger the liability of the debtor to the alleged creditor.’ ” In re Castellino Villas, 836 F.3d at 1033 , 2016 WL 4608146 at *3 (quoting In re Fostvedt, 823 F.2d 305, 306 (9th Cir. 1987)).
discussed Cited as authority (rule) Picerne Construction Corp. v. Castellino Villas, A. K. F. LLC (In Re Castellino Villas, A. K. F. LLC)
9th Cir. · 2016 · confidence medium
A claim is “contingent” when “the debtor will be called upon to pay [it] only upon the occurrence or happening of an extrinsic event which will trigger the liability of the debtor to the alleged creditor.” In re Fostvedt, 823 F.2d 305, 306 (9th Cir. 1987) (internal quotation marks omitted).
discussed Cited as authority (rule) In re: Imagine Fulfillment Services, LLC (2×)
9th Cir. BAP · 2014 · confidence medium
A contingent debt is “one which the debtor will 8 be called upon to pay only upon the occurrence or happening of an 9 extrinsic event which will trigger the liability of the debtor to 10 the alleged creditor.” In re Fostvedt, 823 F.2d 305, 306 (9th 11 Cir. 1987) (quotation and citation omitted).
discussed Cited as authority (rule) In re: Imagine Fulfillment Services, LLC
9th Cir. BAP · 2014 · confidence medium
We see 15 no reasoned or statutorily supported purpose to deviate, for 16 insolvency determination purposes, from the definition of 17 “contingent debt” as “one which the debtor will be called upon to 18 pay only upon the occurrence or happening of an extrinsic event 19 which will trigger the liability of the debtor to the alleged 20 creditor.” In re Fostvedt, 823 F.2d at 306 (quotation omitted). 21 The Debtor’s liability for the state court judgment did not rely 22 “on some future extrinsic event to trigger liability.” See 23 In re Nicholes, 184 B.R. at 88 .
cited Cited as authority (rule) In re: Michael Thomas Falk
9th Cir. BAP · 2013 · confidence medium
Corp., 18 143 F.3d 525, 532 (9th Cir. 1998)(quoting Fostvedt v. Dow 19 (In re Fostvedt), 823 F.2d 305, 306 (9th Cir. 1987)(internal 20 quotation marks omitted)).
discussed Cited as authority (rule) Imagine Fulfillment Services, LLC v. DC Media Capital, LLC (In re Imagine Fulfillment Services, LLC)
Bankr. C.D. Cal. · 2013 · confidence medium
In that case, the court noted that “[T]he rule is clear that a contingent debt is ‘one which the debtor will be called upon to pay only upon the occurrence or happening of an extrinsic event which will trigger the liability of the debt- or to the alleged creditor.’ ” Id. at 278 (quoting In re Fostvedt, 823 F.2d at 306).
discussed Cited as authority (rule) In Re Smith (2×) also: Cited "see, e.g."
Bankr. S.D. Ohio · 2007 · confidence medium
See, e.g., Mazzeo, 131 F.3d at 300 (“ ‘Liquidated’ denotes the ability to readily and precisely compute the amount due....”); United States v. Verdunn, 89 F.3d 799, 802-03 (11th Cir.1996) (holding that tax debt was liquidated for purposes of § 109(e) because the amounts due the Internal Revenue Service were “easily ascertainable”); In re Knight, 55 F.3d 231, 235 (7th Cir.1995) (“If the amount of a claim has been ascertained or *783 can readily be calculated, it is liquidated .... ” (internal quotation marks omitted)); Fostvedt v. Dow (In re Dow), 823 F.2d 305, 306 (9th Cir.198…
discussed Cited as authority (rule) Boeing North American, Inc. v. Ybarra
9th Cir. · 2005 · confidence medium
A contingent claim is “one which the debtor will be called upon to pay only upon the occurrence or happening of an extrinsic event which will trigger the liability of the debt- or to the alleged creditor.” Id. (quoting Fostvedt v. Dow (In re Fostvedt), 823 F.2d 305, 306 (9th Cir.1987)).
discussed Cited as authority (rule) ca9 2005
9th Cir. · 2005 · confidence medium
A contingent claim is "one which the debtor will be called upon to pay only upon the occurrence or happening of an extrinsic event which will trigger the liability of the debtor to the alleged creditor." Id. (quoting Fostvedt v. Dow (In re Fostvedt), 823 F.2d 305, 306 (9th Cir.1987)).
discussed Cited as authority (rule) Larson v. Larson
Conn. App. Ct. · 2005 · confidence medium
Fostvedt v. Dow (In re Fostvedt), 823 F.2d 305, 306 (9th Cir. 1987), see also In re Dill, 30 B.R. 546, 548 (B.A.P. 9th Cir. 1983), aff'd, 731 F.2d 629 (9th Cir. 1984) (defining contingent claim as a claim that has not accrued and which is dependent upon a future event).
discussed Cited as authority (rule) In Re Arcella-Coffman (2×) also: Cited "see"
Bankr. N.D. Ind. · 2004 · confidence medium
King, Collier on Bankruptcy ¶ 109.06[2][c] (15th ed. rev.1997); see, e.g., In re Knight, 55 F.3d at 235 (debt is liquidated if its value “has been ascertained or can readily be calculated”); In re Fostvedt, 823 F.2d at 306 (debt is *471 liquidated if it is “subject to ready determination and precision in computation of the amount due” (internal quotation marks omitted)); In re Nicholes, 184 B.R. [82] at 89 [(9th Cir. BAP 1995)] (“The test for ‘ready determination’ is whether the amount due is fixed or certain or otherwise ascertainable by reference to an agreement or by a simple…
discussed Cited as authority (rule) Duplessis v. Valenti (In Re Valenti)
9th Cir. BAP · 2004 · confidence medium
A contingent liability for bankruptcy purposes is "one which the debtor will be called upon to pay only upon the occurrence or happening of an extrinsic event which will trigger the liability of the debtor to the alleged creditor.” Fostvedt v. Dow (In re Fostvedt), 823 F.2d 305, 306-07 (9th Cir.1987) (citations and quotation marks omitted).
discussed Cited as authority (rule) Ybarra v. Boeing North American, Inc. (In Re Ybarra) (2×)
9th Cir. BAP · 2003 · confidence medium
It noted that a contingent claim is one for which the debtor will become obligated to pay “only upon the occurrence or happening of an extrinsic event[.]” Id. (quoting Fostvedt v. Dow (In re Fostvedt), 823 F.2d 305, 306 (9th Cir.1987)).
discussed Cited as authority (rule) Geary v. United States
9th Cir. · 2003 · confidence medium
A contingent debt is “one which the debtor will be called upon to pay only upon the occurrence or happening of an extrinsic event which will trigger the liability of the debt- or to the alleged creditor.” Fostvedt v. Dow (In re Fostvedt), 823 F.2d 305, 306 (9th Cir.1987) (citation and internal quotation marks omitted).
discussed Cited as authority (rule) In Re Martz
Bankr. N.D. Ohio · 2002 · confidence medium
For purposes of § 109(e), a contingent debt may be defined as “one which the debtor will be called upon to pay only upon the occurrence or happening of an extrinsic event which will trigger the liability of the debtor to the alleged creditor.” Fostvedt v. Dow (In re Fostvedt), 823 F.2d 305, 306 (9th Cir.1987).
discussed Cited as authority (rule) In Re Parks
Bankr. E.D. Mich. · 2002 · confidence medium
A “contingent debt is ‘one which the debtor will be called upon to pay only upon the occurrence or happening of an extrinsic event which will trigger the liabil *902 ity of the debtor to the alleged creditor.’ ” Fostvedt v. Dow (In re Fostvedt), 823 F.2d 305, 306 (9th Cir.1987) (citations omitted).
discussed Cited as authority (rule) In Re Hanson
Bankr.D. Colo. · 2002 · confidence medium
Whether a debt is liquidated turns on whether it is subject to “ready determination and precision in computation of the amount due.” In re Sylvester, 19 B.R. 671, 673 (9th Cir. BAP 1982), quoting In re Bay Point Corp., 1 B.C.D. 1635 (Bankr.D.N.J. 1975); In re Fostvedt, 823 F.2d 305, 306 (9th Cir.1987).
discussed Cited as authority (rule) In Re Mitchell
Bankr. D. Mass. · 2000 · confidence medium
Thus, the California judgment is not a contingent debt. “[Wjhether a debt is liquidated turns on whether it is subject to ‘ready determination and precision in computation of the amount due.’ ” Keenan, 201 B.R. at 265 (citing Fostvedt, 823 F.2d at 307).
examined Cited as authority (rule) In Re: James P. Slack, Debtor. James P. Slack v. Wilshire Insurance Company (4×) also: Cited "see"
9th Cir. · 1999 · confidence medium
While it is true that we stated that “whether a debt is liquidated turns on whether it is subject to ‘ready determination and precision in computation of the amount due,’ ” we declined to resolve the question whether a dispute regarding liability can render a debt unliquidated in In re Fostvedt because there was no dispute in that matter regarding liability. 823 F.2d at 306 (citation omitted).
discussed Cited as authority (rule) ca2 1997
2d Cir. · 1997 · confidence medium
King, Collier on Bankruptcy p 109.06[c] (15th ed. rev.1997); see, e.g., In re Knight, 55 F.3d at 235 (debt is liquidated if its value "has been ascertained or can readily be calculated"); In re Fostvedt, 823 F.2d at 306 (debt is liquidated if it is "subject to ready determination and precision in computation of the amount due" (internal quotation marks omitted)); In re Nicholes, 184 B.R. at 89 ("The test for 'ready determination' is whether the amount due is fixed or certain or otherwise ascertainable by reference to an agreement or by a simple computation.").
discussed Cited as authority (rule) Mazzeo v. United States (2×)
2d Cir. · 1997 · confidence medium
See, e.g., United States v. Verdunn, 89 F.3d 799, 802 (11th Cir.1996); In re Knight, 55 F.3d at 235 ; In re Fostvedt, 823 F.2d 305, 306 (9th Cir.1987).
discussed Cited as authority (rule) United States, Internal Revenue Service v. Offord Finance, Inc. (In Re Medina)
9th Cir. BAP · 1996 · confidence medium
Although the term liquidated is not defined in the Bankruptcy Code, the Ninth Circuit has stated that “the question of whether a debt is liquidated turns on whether it is subject to ‘ready determination and precision in computation of the amount due.’ ” In re Fostvedt, 823 F.2d 305, 306 (9th Cir.1987).
discussed Cited as authority (rule) In Re Audre, Inc.
Bankr. S.D. Cal. · 1996 · confidence medium
In addressing the debtor’s argument, the court stated: First, we agree with the Bankruptcy Appellate Panel of this court that the question whether a debt is liquidated turns on whether it is subject to “ready determination and precision in computation of the amount due.” (Citation omitted.) 823 F.2d at 307.
discussed Cited as authority (rule) In Re Keenan
Bankr. S.D. Cal. · 1996 · confidence medium
In addressing the debtor’s argument, the court stated: First, we agree with the Bankruptcy Appellate Panel of this court that the question whether a debt is liquidated turns on whether it is subject to “ready determination and precision in computation of the amount due.” (Citation omitted.) 823 F.2d at 307.
discussed Cited as authority (rule) Gendreau v. Gendreau (In Re Gendreau) (2×)
9th Cir. BAP · 1996 · confidence medium
“Claim” also includes “contingent” rights to payment, id, meaning a debt ‘“which the debtor will be called upon to pay only upon the occurrence or happening of an extrinsic event which will trigger the liability of the debtor to the alleged creditor.’ ” Fostvedt v. Dow (In re Fostvedt), 823 F.2d 305, 306 (9th Cir.1987) (quoting Brockenbrough v. Commissioner, 61 B.R. 685, 686 (W.D.Va.1986)) (interpreting 11 U.S.C. § 109 (e)).
examined Cited as authority (rule) In Re Randolph Douglas Sloan, Debtor. Randolph Douglas Sloan v. United States (3×) also: Cited "see"
9th Cir. · 1994 · confidence medium
Fostvedt v. Dow (In re Fostvedt), 823 F.2d 305, 306 (9th Cir.1987).
cited Cited as authority (rule) In Re Madison
D. Haw. · 1994 · confidence medium
In re Fostvedt, supra, at 306.
discussed Cited as authority (rule) In Re Maxfield
Bankr. D. Idaho · 1993 · confidence medium
A debt is contingent if it “is ‘one which the debtor will be called upon to pay only upon the occurrence or happening of an extrinsic event which will trigger the liability of the debtor to the alleged creditor.’ ” Fostvedt v. Dow (In re Fostvedt), 823 F.2d 305, 306 (9th Cir.1987) (quoting Brockenbrough v. Commissioner, 61 B.R. 685, 686 (W.D.Va.1986)).
discussed Cited as authority (rule) Matter of Belt
Bankr. N.D. Ind. · 1989 · confidence medium
The “liquidated” nature of the claim turns on whether the claim is subject to "... ready determination and precision in computation of the amount due.” Fostvedt v. Dow (In re Fostvedt), 823 F.2d 305, 306 (9th Cir.1987) (quoting In re Bay Point Corp., 1 BCD 1635 (Bankr.D.N.J.1975)).
cited Cited as authority (rule) In Re Kaufman
Bankr. S.D.N.Y. · 1988 · confidence medium
Fostvedt v. Dow (In re Fostvedt), 823 F.2d at 307.
cited Cited as authority (rule) In Re Pulliam
Bankr. N.D. Tex. · 1988 · confidence medium
Fostvedt v. Dow (In re Fostvedt), 823 F.2d 305, 306 (9th Cir.1987); In re Kelsey, 6 B.R. 114, 118 (Bankr.S.D.Tex.1980).
cited Cited "see" In Re Glaubitz
Bankr. E.D. Wis. · 2010 · signal: see · confidence high
See Fostvedt v. Dow, 823 F.2d 305 (9th Cir.1987); In re Robertson, 105 B.R. 504 (Bankr.D.Minn.1989).
discussed Cited "see" In the Matter of Frank E. KNIGHT, Debtor-Appellant
7th Cir. · 1995 · signal: see · confidence high
See In re Fostvedt, 823 F.2d 305 , 306 (9th Cir.1987) (“[T]he question whether a debt is liquidated turns on whether it is subject to ‘ready determination and precision in computation of the amount due.’ ”) (citations omitted). 4 Mr. Knight suggests that the State claim is not liquidated because it is not readily determinable.
cited Cited "see" In Re Tomlinson
Bankr. E.D. Mich. · 1990 · signal: accord · confidence high
Accord, In re Fostvedt, 823 F.2d 305 (9th Cir.1987); In re Marchetto, 24 B.R. 967 , 9 B.C.D. 1168 , 7 C.B.C.2d 963 (1st Cir.B.A.P.1982).
discussed Cited "see" Matter of McGovern
Bankr. N.D. Ind. · 1990 · signal: see · confidence high
See In re Silver, 109 F.Supp. 200, 203-04 (D.E.D.Ill.1953), aff'd per curiam, 204 F.2d 259 (7th Cir.1953). “[Wjhether a debt is liquidated turns on whether it is subject to ‘ready determination and precision in computation of the amount due.’ ” In re Fostvedt, 823 F.2d 305 , 306 (9th Cir.1987) (citing In re Sylvester, supra, 19 B.R. at 673 ).
discussed Cited "see, e.g." Scott Michael Leonard
Bankr. N.D. Okla · 2025 · signal: see also · confidence low
See also In re Fostvedt, 823 F.2d 305 (9th Cir. 1987) (joint and several liability on promissory notes was noncontingent and liquidated for purposes of § 109(e) because debtor was liable for full amount of notes, regardless of the possibility that his co-obligors would eventually pay some or all of the debt or creditor would not demand payment). validity of a mortgage on property, but it does nothing to alter the legal effect of the mortgage itself.24 Under Oklahoma law, “a judicial sale on foreclosure is neither conclusive nor binding in the sense of transferring legal title to the purchas…
cited Cited "see, e.g." Nugent v. Business Cards Tomorrow, Inc. (In Re Nugent)
Bankr. D.N.J. · 1998 · signal: see also · confidence low
Id.; see also In re Fostvedt, 823 F.2d 305 , 306 (9th Cir.1987).
cited Cited "see, e.g." In Re Audre, Inc.
9th Cir. BAP · 1997 · signal: see also · confidence low
Id.; see also In re Fostvedt, 823 F.2d 305 , 306 (9th Cir.1987).
discussed Cited "see, e.g." In Re Fischel
Bankr. N.D.N.Y. · 1989 · signal: see also · confidence medium
See also Fostvedt v. Dow (In re Fostvedt), 823 F.2d 305, 306-07 (9th Cir.1987) citing Brockenbrough v. Comm’r, 61 B.R. 685, 686 (W.D.Va.1986) (quoting In re All Media Properties, Inc., 5 B.R. 126, 133 (Bankr.S.D.Tex.1980), aff 'd per curiam, 646 F.2d 193 (5th Cir.1981)); In re Kaufman, 93 B.R. 319, 321 (Bankr.S.D.N.Y.1988).
Bankr. L. Rep. P 71,916 in Re Per Fostvedt, Debtor. Per Fostvedt, Debtor-Appellant
v.
Stephen D. Dow Mary J. Warren, and Taubman Western Associates No. 2, Creditors-Appellees
86-2700.
Court of Appeals for the Ninth Circuit.
Jul 27, 1987.
823 F.2d 305
Cited by 36 opinions  |  Published

823 F.2d 305

Bankr. L. Rep. P 71,916
In re Per FOSTVEDT, Debtor.
Per FOSTVEDT, Debtor-Appellant,
v.
Stephen D. DOW; Mary J. Warren, and Taubman Western
Associates No. 2, Creditors-Appellees.

No. 86-2700.

United States Court of Appeals,
Ninth Circuit.

Submitted May 14, 1987.[*]
Decided July 27, 1987.

Geoffrey L. Giles, Reno, Nev., for debtor-appellant.

John K. Gallagher, F. DeArmond Sharp, Reno, Nev., for creditors-appellees.

Appeal from the United States District Court for the District of Nevada.

Before SNEED, ALARCON and CANBY, Circuit Judges.

CANBY, Circuit Judge:

[*~305]1

On September 19, 1985, appellant Per Fostvedt filed a petition in bankruptcy for Chapter 13 relief. Creditors Stephen Dow, Mary Warren, First Interstate Bank, and Taubman Western Associates objected to confirmation of Fostvedt's plan. The creditors argued that Fostvedt's liability on two promissory notes exceeded the limit for noncontingent, liquidated, unsecured debts in a Chapter 13 proceeding. The bankruptcy court agreed with Fostvedt's creditors and denied confirmation of Fostvedt's plan. The United States District Court for the District of Nevada affirmed the bankruptcy court's order denying confirmation, and Fostvedt now appeals.

2

We review de novo the district court's decision to affirm the bankruptcy court's order. In re Jee, 799 F.2d 532, 534 (9th Cir.1986), cert. denied, --- U.S. ----, 107 S.Ct. 1892, 95 L.Ed.2d 499 (1987). We review the bankruptcy court's conclusions of law de novo, and its findings of fact under the clearly erroneous standard. Id.; In re Daniel, 771 F.2d 1352, 1353 (9th Cir.1985), cert. denied, --- U.S. ----, 106 S.Ct. 1199, 89 L.Ed.2d 313 (1986).

3

It is undisputed that Fostvedt and three other parties are jointly and severally liable for two promissory notes totaling approximately $170,000. Under 11 U.S.C. 109(e), "[o]nly an individual with regular income that owes, on the date of the filing of the petition, noncontingent, liquidated, unsecured debts of less than $100,000 ... may be a debtor under Chapter 13 of this title." 11 U.S.C. Sec. 109(e) (1982). Fostvedt contends that his debt is neither noncontingent nor liquidated within the meaning of section 109(e) because the amount he will ultimately pay on the notes depends upon what portion his co-obligors pay and upon whether the creditor actually demands payment of him.

4

Fostvedt's argument is without merit. First, we agree with the Bankruptcy Appellate Panel of this court that the question whether a debt is liquidated turns on whether it is subject to "ready determination and precision in computation of the amount due." In re Sylvester, 19 B.R. 671, 673 (9th Cir. BAP 1982), quoting In re Bay Point Corp., 1 B.C.D. 1635 (D.N.J.1975). In the present case, it is clear that the amount due on the two notes could be readily determined at the time of filing. Fostvedt nonetheless argues that (1) his debt is disputed because the amount he will ultimately pay is not known; and (2) under In re Lambert, 43 B.R. 913 (Bankr.D.Utah 1984), a dispute as to liability or amount renders a debt unliquidated for purposes of section 109(e). This argument misses the mark. Even assuming, without deciding, that a dispute can render a debt unliquidated,[1] we find no dispute as to liability or amount in the present case. At the time of filing, Fostvedt was liable for the full amount of the notes, regardless of the possibility that his co-obligors would eventually pay some or all of the debt. We therefore conclude that Fostvedt's debt was liquidated for purposes of section 109(e).

5

Second, the rule is clear that a contingent debt is "one which the debtor will be called upon to pay only upon the occurrence or happening of an extrinsic event which will trigger the liability of the debtor to the alleged creditor." Brockenbrough v. Commissioner, 61 B.R. 685, 686 (W.D.Va.1986), quoting In re All Media Properties, Inc., 5 B.R. 126, 133 (Bankr.S.D.Tex.1980), affd. per curiam, 646 F.2d 193 (5th Cir.1981). "[W]here a contract was entered into by parties who did not contemplate that any further act had to be completed in order to trigger contractual liability, then such liability would not be contingent." Lambert, 43 B.R. at 922. In the present case, no further act or extrinsic event was needed to trigger Fostvedt's liability on the two notes. We therefore hold that Fostvedt's debt was noncontingent for purposes of section 109(e), and we affirm the district court's order.

[*~306]6

AFFIRMED.

*

The panel finds this case appropriate for submission without oral argument pursuant to Ninth Circuit Rule 34-4 and Fed.R.App.P. 34(a)

1

Compare Sylvester, 19 B.R. at 672-73 (holding that "disputed unsecured debt is not excluded when determining whether the $100,000 limitation is exceeded") with In re Pearson, 773 F.2d 751, 758 (6th Cir.1985) (affirming finding of Chapter 13 eligibility on grounds that debtors "could in good faith have considered that their unsecured liability was at least in dispute and could reasonably have amounted to less than $100,000")