IN RE BURKE

No. 16-6603.

863 F.3d 521 (2017)

IN RE: Philip Craig BURKE; Nekolia Swope Burke, Debtors. Richard P. Jahn, Jr., Trustee, Appellant, v. Philip Craig Burke; Nekolia Swope Burke, Appellees.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: July 14, 2017.


Attorney(s) appearing for the Case

ARGUED: Richard P. Jahn, Jr. , Chattanooga, Tennessee, for Appellant. W. Thomas Bible, Jr. , Chattanooga, Tennessee, for Appellees. ON BRIEF: Richard P. Jahn, Jr. , Nancy A. Cogar , Chattanooga, Tennessee, for Appellant. W. Thomas Bible, Jr. , William P. Glascock, Jr. , Chattanooga, Tennessee, for Appellees. Tara Twomey , NATIONAL CONSUMER BANKRUPTCY RIGHTS CENTER, San Jose, California, for Amicus Curiae.

Before: MOORE, GILMAN, and COOK, Circuit Judges.


OPINION

Philip C. and Nekolia S. Burke encountered financial distress during the "Great Recession" that began in 2008. Unable to pay their debts, they filed for Chapter 7 bankruptcy seven years later. Richard P. Jahn Jr., as bankruptcy trustee of the Burkes' estate, sought to evict the Burkes from their...

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