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In re Wenberg

United States Court of Appeals, Ninth Circuit
May 7, 1990
902 F.2d 768 (9th Cir. 1990)

Summary

holding that eligibility under § 109(e) was not jurisdictional

Summary of this case from Gen. Lending Corp. v. Cancio

Opinion

No. 89-55037.

Argued and Submitted April 11, 1990.

Decided May 7, 1990.

William M. Burd, Burd and Marshack, Santa Ana, Cal., for appellants.

Daniel Z. Zahner, Federal Deposit Ins. Corp., Newport Beach, Cal., for appellee.

Appeal from the Ninth Circuit Bankruptcy Appellate Panel.

Before NELSON, NORRIS and O'SCANNLAIN, Circuit Judges.


ORDER

This is an appeal from the decision of the Ninth Circuit Bankruptcy Appellate Panel. We have jurisdiction pursuant to 28 U.S.C. § 158(d).

On February 4, 1987, appellants Cuyler and Neta Wenberg filed a petition for Chapter 13 bankruptcy in the Central District of California. Prior to that date, the Texas bankruptcy court had entered a judgment in favor of the FDIC and against Mr. Wenberg for damages in an amount to be ascertained and for "all costs and attorney's fees." The California bankruptcy court held that the award of attorney's fees and costs was a liquidated debt for the purpose of determining debtor eligibility under 11 U.S.C. § 109(e). The Bankruptcy Appellate Panel affirmed. In re Wenberg, 94 B.R. 631 (Bankr. 9th Cir. 1988). We AFFIRM for the reasons stated in the opinion of the Bankruptcy Appellate Panel.


Summaries of

In re Wenberg

United States Court of Appeals, Ninth Circuit
May 7, 1990
902 F.2d 768 (9th Cir. 1990)

holding that eligibility under § 109(e) was not jurisdictional

Summary of this case from Gen. Lending Corp. v. Cancio

holding that eligibility under § 109(e) was not jurisdictional

Summary of this case from Gen. Lending Corp. v. Cancio

holding that 11 U.S.C. § 109(e) is not jurisdictional and debtors should be given the opportunity to convert their case

Summary of this case from In re Nicholes

finding a Chapter 13 debtor ineligible under § 109(e) based on including the liquidated portion of a debt that was partially liquidated and partially unliquidated

Summary of this case from In re Bello

adopting BAP opinion

Summary of this case from In re Grayson
Case details for

In re Wenberg

Case Details

Full title:IN RE CUYLER WENBERG; NETA WENBERG, DEBTORS. CUYLER WENBERG; NETA WENBERG…

Court:United States Court of Appeals, Ninth Circuit

Date published: May 7, 1990

Citations

902 F.2d 768 (9th Cir. 1990)

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