Bankr. L. Rep. P 75,205 in Re Barry G. Tucker Patricia A. Tucker, Debtors. 550 West Ina Road Trust v. Barry G. Tucker Patricia A. Tucker, 989 F.2d 328 (9th Cir. 1993). · Go Syfert
Bankr. L. Rep. P 75,205 in Re Barry G. Tucker Patricia A. Tucker, Debtors. 550 West Ina Road Trust v. Barry G. Tucker Patricia A. Tucker, 989 F.2d 328 (9th Cir. 1993). Cases Citing This Book View Copy Cite
56 citation events (22 in the last 25 years) across 12 distinct courts.
Strongest positive: In re Huy Ying Chen (wawd, 2023-08-31)
Treatment trajectory · 1993 → 2026 · click a year to view as-of
1993 2009 2026
Top citers, strongest first. 35 distinct citers. How cited ↗
cited Cited as authority (rule) In re Huy Ying Chen
W.D. Wash. · 2023 · confidence medium
Bad faith is determined based upon the “totality of the 18 19 circumstances.” In re Tucker, 989 F.2d 328, 330 (9th Cir. 1993).
discussed Cited as authority (rule) In re: Yoshihiro Tajima and Tomoko Nakajima
9th Cir. BAP · 2022 · confidence medium
Tr. v. Tucker (In re Tucker), 989 F.2d 328, 330 (9th Cir. 1993) (good-faith objection to confirmation requires findings of fact by the bankruptcy court.); accord Spokane Ry.
discussed Cited as authority (rule) Marilynn Lynn Thomason
Bankr. D. Idaho · 2022 · confidence medium
In addition, “[t]he bankruptcy court must consider the totality of the circumstances, including prepetition conduct, in deciding whether the debtor has ‘acted equitably.’” In re Hieter, 414 B.R. at 670 (quoting In re Tucker, 989 F.2d 328, 330 (9th Cir. 1993)).
discussed Cited as authority (rule) In Re: Nanette Sisk (2×) also: Cited "see"
9th Cir. · 2020 · confidence medium
In re Tucker, 989 F.2d 328, 330 (9th Cir. 1993).
discussed Cited as authority (rule) In re Alonso
Bankr. D. Idaho · 2017 · confidence medium
Trust v. Tucker (In re Tucker), 989 F.2d 328, 330 (9th Cir. 1993); Goeb v. Heid (In re Goeb), 675 F.2d 1386 , 1390 & n.9 (9th Cir. 1982); Smymos v. Padilla (In re Padilla), 213 B.R. 349, 352 (9th Cir. BAP 1997)); In re Stitt, 403 B.R. 694, 700 (Bankr.
discussed Cited as authority (rule) In re: Robbyn Dale Mattson and Renee Diane Mattson
9th Cir. BAP · 2012 · confidence medium
Ina Rd. 23 Trust v. Tucker (In re Tucker), 989 F.2d 328, 330 (9th Cir. 24 1993); Goeb v. Heid (In re Goeb), 675 F.2d 1386 , 1390 & n.9 (9th 25 Cir. 1982); see also Smyrnos v. Padilla (In re Padilla), 213 26 B.R. 349, 352 (9th Cir. BAP 1997). 27 Notably missing from § 1329 is any express requirement that 28 a substantial and unanticipated change in the debtor’s financial -10- 1 circumstances is a threshold requirement to overcome the res 2 judicata effect of a confirmed plan under § 1327(a).3 However, 3 concerns over the finality of a confirmed plan led to the 4 judicially developed substan…
discussed Cited as authority (rule) In Re Mattson
9th Cir. BAP · 2012 · confidence medium
Trust v. Tucker (In re Tucker), 989 F.2d 328, 330 (9th Cir.1993); Goeb v. Heid (In re Goeb), 675 F.2d 1386 , 1390 & n. 9 (9th Cir.1982); see also Smyrnos v. Padilla (In re Padilla), 213 B.R. 349, 352 (9th Cir. BAP 1997).
cited Cited as authority (rule) In Re Mains
Bankr. W.D. Mich. · 2011 · confidence medium
Trust v. Tucker (In re Tucker), 989 F.2d 328, 330 (9th Cir.1993); In re Smith, 286 F.3d 461, 466 (7th Cir.2002). 14 .
discussed Cited as authority (rule) In Re Hieter
Bankr. D. Idaho · 2009 · confidence medium
In addition, “[t]he bankruptcy court must consider the totality of the circumstances, including prepetition conduct, in deciding whether the debtor has ‘acted equitably.’ ” In re Tucker, 989 F.2d 328, 330 (9th Cir.1993) (emphasis supplied); see also In re Bowen, 349 B.R. 814, 816 (Bankr.D.Idaho 2005); In re Yochum, 96.2 I.B.C.R. at 78.
discussed Cited as authority (rule) In Re Stitt
Bankr. D. Idaho · 2008 · confidence medium
See Leavitt v. Soto (In re Leavitt), 171 F.3d 1219, 1222-23 (9th Cir.1999); In re Tucker, 989 F.2d 328, 330 (9th Cir.1993); In re Goeb, 675 F.2d 1386 , 1390 n. 9 (9th Cir.1982); In re Yochum, 96.2 I.B.C.R. 77, 78 (Bankr.D.Idaho 1996).
cited Cited as authority (rule) In Re Johnson
Bankr. D. Idaho · 2001 · confidence medium
Ina Road Trust v. Tucker (In re Tucker), 989 F.2d 328, 330 (9th Cir.1993).
cited Cited as authority (rule) In Re James
Bankr. D. Idaho · 2001 · confidence medium
Ina Road Trust v. Tucker (In re Tucker), 989 F.2d 328, 330 (9th Cir.1993).
discussed Cited as authority (rule) In Re Messinger
Bankr. D. Idaho · 1999 · confidence medium
Section 1325(a)(3) of the Bankruptcy Code provides that a bankruptcy court shall confirm a plan “if the plan has been proposed in good faith and not by any means forbidden by law.” *701 In determining good faith “[t]he bankruptcy court must consider the totality of the circumstances, including pre-petition conduct, in deciding whether the debt- or has ‘acted equitably.’” In re Tucker, 989 F.2d 328, 330 (9th Cir.1993) quoting, In re Goeb, 675 F.2d 1386, 1390 (9th Cir.1982).
discussed Cited as authority (rule) Henrichsen v. Scovis (In Re Scovis)
9th Cir. BAP · 1999 · confidence medium
GOOD FAITH Lacking specific findings, we are unable to review the bankruptcy court’s determination that the Scovises proposed their plan in good faith, In re Tucker, 989 F.2d 328, 330 (9th Cir.1993), or whether an evidentiary hearing was required.
discussed Cited as authority (rule) Worthington v. General Motors Corp.
9th Cir. · 1997 · confidence medium
We review the bankruptcy court’s interpretation of applicable law de novo, and the findings of fact for clear error. 550 West Ina Road Trust v. Tucker (In re Tucker), 989 F.2d 328, 330 (9th Cir.1993).
cited Cited as authority (rule) In re Levine
9th Cir. · 1996 · confidence medium
Trust v. Tucker (In re Tucker), 989 F.2d 328, 330 (9th Cir.1993). 4 Levine contends that the bankruptcy court lacked jurisdictional authority to issue a lift of stay in a non-core proceeding.
discussed Cited as authority (rule) In Re Charles M. Lindblom, Debtor. Charles M. Lindblom v. Mark H. Weber, U.S. Trustee, and Bankruptcy Appeals Clerk, Interested Party
9th Cir. · 1996 · confidence medium
Trust v. Tucker (In re Tucker), 989 F.2d 328, 330 (9th Cir.1993). 4 We have independently reviewed the record and affirm the bankruptcy court's dismissal for the reasons stated in the district court's order entered on December 16, 1994. 5 AFFIRMED. * The panel unanimously finds this case suitable for decision without oral argument.
cited Cited as authority (rule) In Re Robert J. Futoran, Debtor. Robert J. Futoran, M.D. v. Dayle Futoran
9th Cir. · 1995 · confidence medium
In re Tucker, 989 F.2d 328, 330 (9th Cir.1993).
cited Cited as authority (rule) Ford Motor Co. v. Claremont Acquisition Corp. (In Re Claremont Acquisition Corp.)
C.D. Cal. · 1995 · confidence medium
In re Tucker, 989 F.2d 328, 330 (9th Cir.1993).
discussed Cited as authority (rule) In Re Lindsey
Bankr. D. Idaho · 1995 · confidence medium
In determining whether a particular plan is filed in good faith, “[t]he bankruptcy court must consider the totality of the circumstances, including prepetition conduct.” 550 West Ina Road Trust v. Tucker (In re Tucker), 989 F.2d 328, 330 (9th Cir.1993).
discussed Cited as authority (rule) In Re Bellinger
Bankr. D. Idaho · 1995 · confidence medium
In determining whether a particular plan is filed in good faith, “[t]he bankruptcy court must, consider the totality of the circumstances, including prepetition conduct.” 550 West Ina Road Trust v. Tucker (In re Tucker), 989 F.2d 328, 330 (9th Cir.1993).
cited Cited as authority (rule) In Re Lance C. Barnes and Virginia R. Barnes, Debtors. Delbert Barnes and Ethel Barnes v. Lance C. Barnes Virginia R. Barnes
9th Cir. · 1994 · confidence medium
Trust v. Tucker, 989 F.2d 328, 330 (9th Cir.1993); Downey Sav. and Loan Ass’n v. Metz, 820 F.2d 1495, 1496 (9th Cir.1987).
cited Cited as authority (rule) Mutual Life Insurance Co. of New York v. Patrician St. Joseph Partners Ltd. Partnership (In Re Patrician St. Joseph Partners Ltd. Partnership)
D. Ariz. · 1994 · confidence medium
Id. 995 F.2d at 943 n. 2; In re Tucker, 989 F.2d 328, 330 (9th Cir.1993).
cited Cited as authority (rule) Connecticut General Life Insurance v. Hotel Associates of Tucson (In Re Hotel Associates of Tucson)
9th Cir. BAP · 1994 · confidence medium
In re Tucker, 989 F.2d 328, 330 (9th Cir.1993); Great Western Bank v. Sierra Woods Group, supra, 953 F.2d at 1176-77 .
cited Cited as authority (rule) In Re Unicom Computer Corporation
9th Cir. · 1994 · confidence medium
Trust v. Tucker (In re Tucker), 989 F.2d 328, 330 (9th Cir.1993).
discussed Cited as authority (rule) Mitsui Manufacturers Bank v. Unicom Computer Corp. (2×) also: Cited "see"
9th Cir. · 1994 · confidence medium
Trust v. Tucker (In re Tucker), 989 F.2d 328, 330 (9th Cir.1993).
discussed Cited "see" Cook v. Cook
9th Cir. · 2008 · signal: see · confidence high
See In re Tucker, 989 F.2d 328, 330 (9th Cir.1993) ("The bankruptcy court must consider the totality of the circumstances, including prepetition conduct, in deciding whether the debtor has ‘acted equitably.’ ’’) (question presented was whether debtors acted in good faith in proposing a Chapter 13 plan).
cited Cited "see" Moen v. Hull (In Re Hull)
9th Cir. BAP · 2000 · signal: see · confidence high
See 550 West Ina Road Trust v. Tucker (In re Tucker), 989 F.2d 328, 330 (9th Cir.1993) (the bankruptcy court must make findings of fact in resolving objections to confirmations of chapter 13' plans).
discussed Cited "see" Lowenschuss v. Selnick
9th Cir. · 1999 · signal: see · confidence high
See 550 West Ina Road Trust v. Tucker, 989 F.2d 328, 330 (9th Cir.1993) (good faith); Great Western Bank v. Sierra Woods Group, 953 F.2d 1174, 1176 (9th Cir.1992) (fairness); Oaks of Woodlake Phase III, Ltd. v. Hall, Bayoutree Assocs., 939 F.2d 802, 804-05 (9th Cir.1991) (bad faith).
discussed Cited "see" Bankr. L. Rep. P 77,920, 22 Employee Benefits Cas. 2649, 99 Cal. Daily Op. Serv. 1918, 1999 Daily Journal D.A.R. 2457 in Re Fred Lowenschuss, Debtor. Fred Lowenschuss, Individually and in All Capacities, and Sun International North America, Inc., Intervenor-Appellant v. Beverly Selnick, in Re Fred Lowenschuss, Debtor. Fred Lowenschuss v. Beverly Selnick
9th Cir. · 1999 · signal: see · confidence high
See 550 West Ina Road Trust v. Tucker, 989 F.2d 328, 330 (9th Cir.1993) (good faith); Great Western Bank v. Sierra Woods Group, 953 F.2d 1174, 1176 (9th Cir.1992) (fairness); Oaks of Woodlake Phase III, Ltd. v. Hall, Bayoutree Assocs., 939 F.2d 802 , 804-05 (9th Cir.1991) (bad faith).
cited Cited "see" In Re Orfa Corp. of Philadelphia
E.D. Pa. · 1994 · signal: see · confidence high
See In re Tucker, 989 F.2d 328, 330 (9th Cir.1993) (blanket statement or conclusion is no substitute for the specific findings of fact essential to resolve contested issues).
discussed Cited "see, e.g." Richard Kipperman v. Howard Grobstein
9th Cir. · 2019 · signal: see, e.g. · confidence medium
See, e.g., In re Tucker, 989 F.2d 328, 330 (9th Cir. 1993) (cautioning that a court should remand to the bankruptcy court for sufficient findings when “[n]othing said, written or signed by the bankruptcy court provides any basis” for its finding).
discussed Cited "see, e.g." In Re Plant Insulation Co.
Bankr. N.D. Cal. · 2012 · signal: see also · confidence medium
Id. at 1074-75; see also In re Tucker, 989 F.2d 328, 330 (9th Cir.1993) (similar test re good faith of chapter 13 plan). (c) A plan is not proposed in bad faith merely because it is structured in a way designed to invoke the benefits of some provision of the Bankruptcy Code. “ ‘[T]he fact that a debtor proposes a plan in which it avails itself of an applicable Code provision does not constitute evidence of bad faith’.” Sylmar Plaza, 314 F.3d at 1075 quoting (In re PPI Enters., Inc., 228 B.R. 339, 347 (Bankr.D.Del.1998)). 3.Objectives and Purposes of the Bankruptcy Code Congress address…
discussed Cited "see, e.g." New Jersey Lawyers' Fund for Client Protection v. Goddard (In Re Goddard)
D.N.J. · 1997 · signal: see also · confidence medium
See also In re Tucker, 989 F.2d 328, 330 (9th Cir.1993) (“The bankruptcy court must consider the totality of the circumstances, including prepetition conduct, in deciding whether the debtor has ‘acted equitably.’”) (quoting In re Goeb, 675 F.2d at 1390 ); In re LeMaire, 898 F.2d at 1352 (“While pre-filing conduct is not determinative of the good faith issue, it is nevertheless relevant.”) (citing In re Doersam, 849 F.2d 237, 239 (6th Cir.1988); Matter of Smith, 848 F.2d at 818 ; Neufeld v. Freeman, 794 F.2d 149, 152 (4th Cir.1986)). *241 Applying the foregoing analysis to the ease …
Retrieving the full opinion text from the archive…
In Re Barry G. TUCKER; Patricia A. Tucker, Debtors. 550 WEST INA ROAD TRUST, Appellant,
v.
Barry G. TUCKER; Patricia A. Tucker, Appellees
91-16370.
Court of Appeals for the Ninth Circuit.
Mar 29, 1993.
989 F.2d 328
Michael M. Neal, Seefeldt, Sparks & Neal and Kevin Miniat, Tucson, AZ, for appellant., Alan R. Solot, Tilton & Solot, Tucson, AZ, for appellees.
Pregerson, Boocheyer, Beezer.
Cited by 41 opinions  |  Published
BEEZER, Circuit Judge:

The 550 West Ina Road Trust appeals the Bankruptcy Appellate Panel’s (BAP) judgment affirming the bankruptcy court’s confirmation of Barry and Patricia Tucker’s Chapter 13 plan. The Trust primarily argues the plan should not have been confirmed because the Tuckers, shortly before filing for bankruptcy, concealed funds and prevented a deputy sheriff from seizing those funds in partial satisfaction of a judgment. We have jurisdiction under 28 U.S.C. § 158(d), and we reverse and remand.

I

The Trust obtained a judgment for about $50,000 against the Tuckers and executed on the judgment when Mr. Miniat, an attorney for the Trust, believed the Tuckers had approximately $7,000 in cash. Mr. Tucker testified as follows on the circumstances surrounding the $7,000 and the inquiries by the executing deputy sheriff:

Mr. Miniat: Okay, so your wife has full knowledge of this money, and you give it to her. And tell me what you say to her when you give her the $7,000 in currency.
Mr. Tucker: I say, put it somewhere.
Q: Now, you say more than that.
A: I say, put it somewhere. I don’t care where it is. Keep it. We’re going to need it to settle with Miniat. And in the meantime, I don’t want to know where it is.
[[Image here]]
Q: When she [the deputy sheriff] presented the writ, did she say that she was trying to collect money to satisfy the approximately $50,000 judgment?
A: Yes. Well, she said she was out to enforce that something got done on it. In other words, you know, to make sure[*330] that you were working on settling it, or whatever.
[[Image here]]
Q: Did she ask you if you had $7,000?
A: She asked me if I had $7,000.
Q: What did you tell her?
A: I told her no, I didn’t.
[[Image here]]
Q: Your wife had $7,000 in cash secreted at your request.
A: That’s right.
Q: And did you tell the sheriff that?
A: No.
[[Image here]]
Q: And do you understand that she was asking if you had $7,000 in cash that was available to pay the 550 Trust judgment?
A: I understood that was the purpose of her visit.
Q: And did you deny that you had $7,000 in cash that was available to pay that judgment?
A: I didn’t say that. I said, I don’t have $7,000, is what I said.
[[Image here]]
Q: Why didn’t you tell the sheriff that your wife had the $7,000 from the P.I. [personal injury] settlement?
A: She didn’t ask if my wife had $7,000.

Mr. Tucker insists he did not intend to deceive the deputy sheriff, and he “meant to convey that [he] did not have $7,000 to hand over to her on the spot to settle the judgment.”

Within a few weeks, the Tuckers paid $6,500 on a loan that was fully secured by their residence and filed a Chapter 13 bankruptcy petition. The loan payment increased the Tuckers’ exempt equity interest in their residence by the amount of the payment, effectively placing the $6,500 beyond the reach of creditors.

The Tuckers proposed a plan that provided for payment of $791 to the Trust. The Trust objected to plan confirmation, raising the issue that the Tuckers had not acted in good faith. The parties filed declarations, which incorporated the above testimony, and a hearing occurred. The bankruptcy court confirmed the plan using a pre-print-ed form.

We independently review the bankruptcy court’s decision. In re Kimura, 969 F.2d 806, 810 (9th Cir.1992). Findings of fact are reviewed for clear error and conclusions of law are reviewed de novo.

Id.

II

The Trust argues the plan was not proposed in “good faith.” 11 U.S.C. § 1325(a)(3). The bankruptcy court must consider the totality of circumstances, including prepetition conduct, in deciding whether the debtor has “acted equitably.” In re Goeb, 675 F.2d 1386, 1390 (9th Cir. 1982).

Nothing said, written or signed by the bankruptcy court provides any basis for overruling the Trust’s good faith objection. The pre-printed confirmation order and associated minute entry order comprise the entire record of the court’s ruling. Those orders contain no factual findings and fail to address the Tuckers’ asserted bad faith refusal to comply with the deputy sheriff’s demand. Instead, the confirmation order merely quotes a portion of 11 U.S.C. § 1325(a)(3) in stating “the plan has been proposed in good faith.” This quotation does not substitute for findings of fact in resolving this contested issue. See In re Cornelison, 901 F.2d 1073, 1075 (11th Cir. 1990). The BAP should have remanded the case to the bankruptcy court for sufficient findings on whether the Tuckers acted in good faith. In re Hall, Bayoutree Assocs., Ltd., 939 F.2d 802, 804-05 (9th Cir.1991).

III

The Trust contends the Tuckers did not commit all of their projected disposable income to the plan. 11 U.S.C. § 1325(b). Although the Trust raised this issue, the bankruptcy court did not specifically address it. The BAP should have remanded the matter to the bankruptcy court for the necessary findings and a decision. Hall, [*428] Bayoutree Assocs., Ltd., 939 F.2d at 804-05.

IY

The Trust argues it would be paid more under Chapter 7 than under the plan. We decline to review this issue because it was not brought before the bankruptcy court. In re Careau Group, 923 F.2d 710, 713 (9th Cir.1991).

REVERSED and REMANDED.