Wenberg, In re, 89-55037
| Decision Date | 07 May 1990 |
| Docket Number | No. 89-55037,89-55037 |
| Citation | 902 F.2d 768 |
| Parties | In re Cuyler WENBERG; Neta Wenberg, Debtors. Cuyler WENBERG; Neta Wenberg, Appellants, v. FEDERAL DEPOSIT INSURANCE CORPORATION, acting as Receiver of Valencia Bank, Appellee. |
| Court | U.S. Court of Appeals — Ninth Circuit |
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.
This is an appeal from the decision of the Ninth Circuit Bankruptcy Appellate Panel. We have jurisdiction pursuant to 28 U.S.C. Sec. 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. Sec. 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.
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In re Manalad, LA 05-50112 VZ.
...ruling of the B.A.P. for the reasons set forth in the B.A.P.'s opinion without referring to the discussion on jurisdiction. In re Wenberg, 902 F.2d 768 (9th Cir.1990). 29. In addition, some bankruptcy courts have analyzed eligibility under § 109(h) and agreed that § 109(h) eligibility is no......
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...224, 229 (10th Cir. BAP 1999); Fed. Deposit Ins. Corp. v. Wenberg (In re Wenberg), 94 B.R. 631, 636 (9th Cir. BAP 1988), aff'd 902 F.2d 768 (9th Cir.1990)). Courts have further held that if no objection to confirmation is filed after proper notice, creditors will be bound by the terms of th......
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