In Re Chandler (1988)

green · 4 citation events across 4 courts. Showing the 3 strongest citers on record (one row per citing case, strongest signal kept).

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green Sumitomo Trust & Banking Co. v. Holly's, Inc. (In Re Holly's, Inc.) (1992)

Rule Authority · Bankr. W.D. Mich.

Oglethorpe, II, Ltd., 109 B.R. 278, 281 (Bankr.S.D.Ohio 1989); Triton/Richmond Assocs., 103 B.R. at 767; In re Chandler, 98 B.R. 516, 517 (Bankr.D.Mont.1988); Grand Sports, 86 B.R. at 974 The decisions also support the conclusion that the burden of proof upon the debtor under § 362(d)(2)(B) is a “sliding scale” which this court characterizes as a “moving target ”. 90 The burden enlarges as the bank *700 ruptcy case progresses.

green In Re Martin (1991)

Rule Authority · Bankr. D. Iowa

While the To-masso court found that the majority of the funds qualified as exempt property, the court specifically noted that “any nonex-emptible portion would constitute part of the debtor’s § 1325(b) ‘projected disposable income.’ ” 98 B.R. at 516. 7 If the court had employed a strict tax definition of income for the purposes of determining disposable income, then none of the funds would have been subject to distribution under the plan. *966 A Chapter 12 case discussing th…

green In Re Drimmel (1989)

Rule Authority · Bankr. D. Kan.

Another court issued a series of decisions, first apparently ruling the exception did not exist under the Code, In re: Rudy Debruycker Ranch, Inc., 84 B.R. 187, 188-90 (Bankr.D.Mont.1988), then declining to decide whether it existed but ruling it was not met, In re: Chandler, 98 B.R. 516, 517-18 (Bankr.D.Mont.1988), and finally confirming a plan found to satisfy the exception, In re: Henke, 90 B.R. 451, 455-56 (Bankr.D.Mont.1988).