United States First Circuit

Bankruptcy Appellate Panel did not abuse its discretion by denying wife-debtor's request for a hardship discharge under Bankruptcy Code Section 1328(b)(1), in light of her election to proceed with her husband under a joint chapter 13 petition and plan, and her full awareness of the postpetition IRS tax obligations, combined with her subsequent failure to move for severance.

Appellate Information

• Decided 02/08/2002
• Published 02/08/2002

Judges

• CYR, Senior Circuit Judge., Before TORRUELLA, Circuit Judge, CYR, Senior Circuit Judge, and LIPEZ, Circuit Judge.

Court

• United States First Circuit

Counsel

• For Appellant:
  
• Peter G. Berman and Raskin & Berman on brief for appellants.


• For Appellees:
  
• John Boyajian and Boyajian, Harrington & Richardson on brief for appellee John Boyajian.