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IN RE SEELY

Bankruptcy Nos. 80-02126, 79-01278.

6 B.R. 309 (1980)

In re Ronald Wayne SEELY, Jr., Frances Charmaine Cox, Debtors. Rose Marie JOHNSON, Plaintiff, v. Ronald Wayne SEELY, Jr., Frances Charmaine Cox, Defendants. In re Ashton Harris PULLY, Jr., Debtor. VIRGINIA NATIONAL BANK and First and Merchants National Bank, Plaintiffs, v. Ashton Harris PULLY, Jr., Defendant.

United States Bankruptcy Court, E.D. Virginia, Norfolk Division.

October 3, 1980.

Attorney(s) appearing for the Case

Richard W. Hudgins of Hudgins & Neal, Newport News, Va., for Seely-Cox, debtors.

H. Duncan Garnett, Jr., of Garnett & Garnett, Newport News, Va., for Johnson, plaintiff.

Jerrold G. Weinberg of Weinberg & Stein, Norfolk, Va., for Pully, debtor.

Stuart D. Glasser of Glasser & Glasser, Norfolk, Va., for Virginia National Bank, plaintiff.

Wilson L. Rivers of Wolcott, Spencer, Rivers, Wheary, Basnight & Kelly, Norfolk, Va., for First and Merchants Nat. Bank, plaintiff.

DECLARATORY JUDGMENT

HAL J. BONNEY, Jr., Bankruptcy Judge.

Has the Congress by the Bankruptcy Reform Act of 1978 repealed the "honest debtor" doctrine in Chapter 13 cases?

Aye, it appears it has indeed so done-intentionally or unintentionally.

One of the primary purposes of bankruptcy has been [past tense] "to relieve the honest debtor from the weight of oppressive indebtedness." Local Loan Co. v. Hunt, 292 U...

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