United States Ninth Circuit
Davis v. U.S. Bank, N.A., 12-60069
Dismissal of appellant-debtor's voluntary petition under chapter 12 of the Bankruptcy Code is affirmed, where: 1) appellant's "aggregate debts" exceeded $3,792,650, the statutory limitation for chapter 12 eligibility at the time the petition was filed; and 2) appellant's "aggregate debts" included her liabilities for the unsecured portions of her creditors' claims, even though those liabilities had been discharged in an earlier chapter 7 proceeding, because a creditor's claim remains a "debt" so long as it is enforceable against either the debtor or the debtor's property.
Appellate Information
- Decided 02/17/2015
- Published 02/17/2015
Judges
- Graber
Court
- United States Ninth Circuit