(Download) "In re Robinson" by United States Court of Appeals for the Tenth Circuit " Book PDF Kindle ePub Free
eBook details
- Title: In re Robinson
- Author : United States Court of Appeals for the Tenth Circuit
- Release Date : January 23, 1993
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 55 KB
Description
Per Curiam Appellant Paul Robinson (debtor) appeals the district court's reversal of the bankruptcy court's finding that his Chapter 13 plan was proposed in good faith, which is a prerequisite to confirmation of a Chapter 13 plan. 11 U.S.C. § 1325(a)(3). On appeal,1 debtor argues that the district court (1) erred in considering whether debtor's debt arose from a willful and malicious injury because that issue was not raised in the bankruptcy court; (2) impermissibly made independent findings of fact, not supported by the record, in deciding the debt arose from a willful and malicious injury; and (3) erred in concluding that the bankruptcy court's finding of good faith was clearly erroneous, even assuming the debt arose from a willful and malicious injury. We exercise jurisdiction under 28 U.S.C. § 158(d) and reverse. We conclude the bankruptcy court was not clearly erroneous in finding debtor's plan was proposed in good faith. I. Background In February, 1990, Mary Tenantry, appellee, filed a civil suit against debtor, asserting claims of breach of fiduciary duty and outrageous conduct. Tenantry named Bishop William Frey and the Bishop and Diocese of Colorado as debtor's codefendants. Tenantry alleged that debtor took advantage of his position as pastoral counselor and engaged Tenantry in a sexual relationship. On August 15, 1991, four days before the trial was scheduled to begin, debtor filed a voluntary petition for relief under Chapter 13 of the Bankruptcy Code. The petition gave rise to an automatic stay which prevented the trial from proceeding against debtor. 11 U.S.C. § 362(a)(1).
 "In re Robinson" by United States Court of Appeals for the Tenth Circuit " Book PDF Kindle ePub Free){kind=link}