United States First Circuit

Plaintiff's challenge of the bankruptcy court's confirmation of defendant-debtor's Chapter 13 Plan, asserting that defendant's cigarette purchases were not reasonably necessary and should be included as disposable income, is dismissed where plaintiff's contentions cannot be heard on appeal since they were not first argued to the bankruptcy court.

Appellate Information

• Decided 08/11/2004
• Published 08/11/2004

Judges

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

Court

• United States First Circuit

Counsel

• For Appellant:
  
• Stanley Greenberg, with whom Greenberg & Greenberg was on the brief, for creditor, appellant.


• For Appellees:
  
• Barry Evan Schklair, with whom The Schklair Law Firm, LLC was on the brief, for debtor, appellee., Peter C. Fessenden, Standing Chapter 13 Trustee, for trustee, appellee.