Bankruptcy Bad Faith | Keyword Rankings

Google Keyword Rankings for : bankruptcy bad faith

1 What is Filing for Bankruptcy in Bad Faith? - AllLaw
https://www.alllaw.com/articles/nolo/bankruptcy/bad-faith-filing-bankruptcy-cases.html
Filing for bankruptcy in bad faith can get you in trouble. The consequences of a bad faith filing can vary depending on the egregiousness of your conduct. But ...
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2 Combatting “Bad Faith” Bankruptcy Filings | Kelley Kronenberg
https://www.kelleykronenberg.com/combatting-bad-faith-bankruptcy-filings/
Where a bankruptcy has been filed in bad faith, a court may dismiss the bankruptcy, grant stay relief to permit the secured creditor to finalize ...
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3 Dismissals of Bankruptcies Filed in Bad Faith Whats the ...
https://www.abi.org/abi-journal/dismissals-of-bankruptcies-filed-in-bad-faith-whats-the-standard
The term "bad faith" is one that creditors tend to throw out unabashedly. To some, every bankruptcy is in bad faith because the debtor is not satisfying its ...
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4 How Creditors Can Protect their Rights against Bad Faith ...
https://www.keglerbrown.com/publications/how-creditors-can-protect-their-rights-against-bad-faith-bankruptcy-filers/
One solution for creditor could involve seeking to protect its in rem rights in order to minimize the impact of a future bankruptcy filing, and ...
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5 NRA's Chapter 11 Case Dismissed as Bad Faith Filing
https://restructuring.weil.com/government/bankruptcy-no-sanctuary-against-government-enforcement-actions-nras-chapter-11-case-dismissed-as-bad-faith-filing/
Section 1112(b)(4) of the Bankruptcy Code provides a non-exhaustive list of “cause” to dismiss a bankruptcy case. Most courts, including the ...
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6 Dismissal for Bad-Faith Filing under §1112(b)(1)
https://www.youngconaway.com/content/uploads/2018/05/brady-ABI-cover.pdf
Act and Consumer Protection Act of 2005 (BAPCPA) substantially overhauled §1112 of the Bankruptcy Code, which governs the conversion or dismissal of a chapter ...
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7 UNITED STATES BANKRUPTCY COURT SOUTHERN ...
https://www.govinfo.gov/content/pkg/USCOURTS-nysb-1_21-bk-10670/pdf/USCOURTS-nysb-1_21-bk-10670-0.pdf
dismissing the bankruptcy petition pursuant to 11 U.S.C. § 1112(b), ... Movants seek dismissal of this bankruptcy case as a bad faith filing ...
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8 Was the bankruptcy filed in bad faith? | SRVH Law
https://srvhlaw.com/blog/was-the-bankruptcy-filed-in-bad-faith/
A bankruptcy is filed in bad faith if various factors suggest the debtor isn't willing to play by the rules or is manipulating the system to ...
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9 Bad Faith Bankruptcy: What Debtors Should Know
https://www.kelleylawoffice.com/bad-faith-bankruptcy-what-debtors-should-know/
At its core, a bad faith filing involves misrepresentation, whether it is regarding one's intentions or information. It is important to note ...
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10 2021 Volume XIII No. 18 Section 1112(b) of the Bankruptcy ...
https://www.stjohns.edu/sites/default/files/2021-07/Sciarrotta_Memo_18.pdf
While In re The Sunshine Group, LLC provides an example of a bad faith filing, it is only one interpretation of this multi-factored analysis. Bankruptcy courts ...
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11 J&J Talc Bankruptcy 'Bad Faith' Claims Go Before Third Circuit
https://news.bloomberglaw.com/bankruptcy-law/j-j-talc-bankruptcy-bad-faith-claims-go-before-third-circuit
› bankruptcy-law › j-j-...
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12 Bad Faith – Harvard Law School Bankruptcy Roundtable
http://blogs.harvard.edu/bankruptcyroundtable/tag/bad-faith/
And under current doctrine, the Two-Step likely qualifies as a bad-faith filing: In most cases, the Two-Step is a litigation tactic. And the Two-Step, ...
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13 alerts & publications - O'Melveny
https://www.omm.com/resources/alerts-and-publications/publications/bankruptcy-court-decision-raises-question-on-acquisition-of-claims-in-order-to-acquire-debtor/
The case law provides that bad faith (i.e., an absence of good faith) may be found where a claim holder attempts to extract or extort a personal ...
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14 Petitioning Creditors Beware - Lowenstein Sandler LLP
https://www.lowenstein.com/media/3155/bc-feb16_nathanchafetz.pdf
A Bad Faith Filing Can Sink an Involuntary Bankruptcy Petition. S e l e C t e d t o P I C. Involuntary bankruptcy filings have historically, under.
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15 What Does “Bad Faith” Mean in Bankruptcy? - Damon Duncan
https://www.duncanlawonline.com/what-does-bad-faith-mean-in-bankruptcy/
Bad faith is relevant when a client files bankruptcy to save a home, then does not make any of the required plan payments and is dismissed. This ...
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16 Per Se Bad Faith? An Empirical Analysis of Good Faith in ...
https://scholarlycommons.law.emory.edu/ebdj/vol30/iss2/7/
Section 1325(a)(3) of the Bankruptcy Code requires chapter 13 plans to be "proposed in good faith and not by any means prevented by law.
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17 What is a Bad Faith Bankruptcy Filing? - Atlas Consumer Law
https://www.atlasconsumerlaw.com/is-this-you/what-is-a-bad-faith-bankruptcy-filing/
Creditors can object to a bankruptcy filing if it appears to have been filed in bad faith. Debtors that run up massive debt loads just before filing for ...
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18 Making the Case for a "Good Faith" Chapter 11 Filing
https://www.jonesday.com/files/Publication/e07e38ed-fd3a-4695-a1e4-d2b90c0b933a/Presentation/PublicationAttachment/b8650228-a690-438c-b453-eb32b96342a4/NYI_2173499_v1_GoodfaithfilingDecember%202004%20BRR.pdf
chapter 11 petition as having been filed in bad faith. After conducting an evidentiary hearing, the bankruptcy court noted that Integrated "was experiencing ...
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19 Going for Broke: Inclusion of Social Security Benefits in a Bad ...
https://ilr.law.uiowa.edu/print/volume-107-issue-5/going-for-broke-inclusion-of-social-security-benefits-in-a-bad-faith-bankruptcy-analysis/
The bankruptcy system attempts to weigh both of these concerns: the innocent, unfortunate debtor should be relieved of their debts and given a “fresh start,” ...
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20 Bankruptcy Requires Good Faith - thisMatter.com
https://thismatter.com/money/credit/bankruptcy/good-faith.htm
A lack of good faith in a bankruptcy case can result in 3 major actions. The case may be dismissed, in which case, the debtor gets no discharge and all his ...
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21 Edybul Foods, Inc., Debtor. Case
https://www.ncmb.uscourts.gov/sites/default/files/opinions/edybul.PDF
bankruptcy petition should be dismissed for want of good faith. The court must consider both objective futility and subjective bad faith.
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22 Bad Faith Bankruptcy - Diane Drain
https://dianedrain.com/bankruptcy-case-law/case-law-bad-faith-bankruptcy/
› bankruptcy-case-law › case-la...
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23 Bankruptcy Litigation Ends Bad Faith Dispute
https://wyattfirm.com/case-studies/bankruptcy-litigation-ends-bad-faith-dispute/
The Bankruptcy Court granted our Motion and Dismissed the law firm's Bankruptcy Case with prejudice, including findings of bad faith by the law firm debtor. The ...
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24 Preventing Creditor Abuse
https://www.rosenbergmartin.com/wp-content/uploads/2016/09/Preventing-Creditor.pdf
and found that this bad faith constituted sufficient “cause” under Section 707(a) of the Bankruptcy Code to grant a creditor's motion to dismiss.
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25 Chapter 11 SOUTH CANAAN CELLULAR INVESTMENTS, INC.
https://www.gpo.gov/fdsys/pkg/USCOURTS-paeb-2_09-bk-10473/pdf/USCOURTS-paeb-2_09-bk-10473-0.pdf
It contends that these bankruptcy cases were filed in bad faith and that the debtors have no prospect of reorganizing. LTI also maintains that these cases ...
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26 Multiple Bankruptcy Filings - Seattle Litigation Group
https://www.seattlelitigation.com/blog/multiple-bankruptcy-filings
A bankruptcy must be filed in good faith. Bad faith exists if the filing of the bankruptcy was for a purpose not consistent with the ...
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27 Massachusetts Bankruptcy Court Finds Bad Faith
https://ghailawfirm.com/blog/massachusetts-bankruptcy-court-finds-bad-faith/
The debtor in this case, Joyce Bianco, filed her petition for relief under chapter 7 of the Bankruptcy Code on April 28, 2011. In seeking dismissal of the ...
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28 California Bankruptcy Journal™ - Allen Matkins
https://www.allenmatkins.com/a/web/16885/01-07-2004-Fickle-Gatekeepers.pdf
Edith H. Jones, The Good Faith Requirement in Bankruptcy, 1988 ANN. SURVEY OF. BANKR. L. 45. 3 Both the "bad faith" doctrine for dismissal for cause and the ...
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29 Buyer's Bad Faith in Failing to Inform Court of Right of First ...
https://www.jdsupra.com/legalnews/buyer-s-bad-faith-in-failing-to-inform-2082211/
To promote the finality of bankruptcy sales, section 363(m) of the Bankruptcy Code prohibits reversal or modification on appeal of an order ...
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30 Bad Faith and Totality of the Circumstances - Bankruptcy
https://bankruptcy.uslegal.com/chapter-7/bad-faith-and-totality-of-the-circumstances/
Procedural or substantive bad faith can lead to sanctions under Rule 9011 of Federal Rules of Bankruptcy Procedure and imposition of sanctions is mandated where ...
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31 Litigating a bad-faith bankruptcy filing
https://www.kb-law.com/articles/documents/LawyersWeeklyVJPJBM.pdf
ruptcy petition filed in bad faith, you may be ... Bankruptcy courts dismiss petitions not ... failure to meet Bankruptcy Court filing re- quirements.
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32 How To Avoid Filing For Bankruptcy In Bad Faith In Illinois
https://www.youtube.com/watch?v=tCwsZqNbFgY
Learn About Law
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33 You Must File Bankruptcy In Good Faith, Not As An Attempt To ...
https://www.rudikhlaw.com/you-must-file-bankruptcy-in-good-faith-not-as-an-attempt-to-game-the-system/
Anyone who declares bankruptcy is presumed to be acting in good faith. Ideally, this is to be using the procedure as intended (a means of ...
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34 Examining Venue, Ethics and Bad-Faith Issues in 2020/2021 ...
https://www.foxrothschild.com/events/examining-venue-ethics-and-bad-faith-issues-in-2020-2021-bankruptcy-filings
Examining Venue, Ethics and Bad-Faith Issues in 2020/2021 Bankruptcy Filings. When: April 30, 2022 at 10:00am – 11:15am. Hosted By:.
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35 Bad Faith Bankruptcy Not a Good Idea - Oswalt Law Group
https://oswaltlawgroup.com/blog/bad-faith-bankruptcy-not-a-good-idea/
Consequences of Bad Faith Bankruptcy · Your case can be completely dismissed, meaning you'll not be able to discharge your debt – ever. · Any automatic stays that ...
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36 good faith - National Consumer Bankruptcy Rights Center
https://www.ncbrc.org/tag/good-faith-2/
The bankruptcy court declined to attribute bad faith to the debtors when they voluntarily dismissed one chapter 13 case after a motion for relief from stay ...
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37 NRA Bankruptcy Case Dismissal is a Stark Reminder of Good ...
https://www.dragichlaw.com/news/nra-bankruptcy-case-dismissal-is-a-stark-reminder-of-good-faith-filing-requirement-in-chapter-11/
The Good Faith Requirement · 1. the debtor has only one asset; · 2. improper pre-petition conduct; · 3. few unsecured creditors; · 4. the debtor has been ...
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38 comments the case against “bad faith” dismissals of ...
https://digitalcommons.wcl.american.edu/cgi/viewcontent.cgi?article=1012&context=aulr
abusive credit card activity? Many courts have dismissed such bankruptcy petitions under. § 707(a) on the grounds that the debtor filed in “bad faith.”20.
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39 Dismissal under Section 1112(b) for Bad Faith Filing
https://www.gcklegal.com/dismissal-section-1112b-bad-faith-filing/
Pursuant to Section 1112(b) of the Bankruptcy Code, a chapter 11 petition may be dismissed for cause if it appears that the petition was not ...
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40 The Bankruptcy Court's Ruling is in: J&J'S Texas Two-Step ...
https://www.restructuring-globalview.com/2022/03/the-bankruptcy-courts-ruling-is-in-jjs-texas-two-step-does-not-constitute-a-bad-faith-filing/
Nonetheless, merely seeking to limit liabilities, standing alone, does not demonstrate “bad faith” for purposes of filing under chapter 11. If ...
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41 MARRAMA v. CITIZENS BANK OF MASS. - Law.Cornell.Edu
https://www.law.cornell.edu/supct/html/05-996.ZS.html
The Bankruptcy Judge denied Marrama's request, finding bad faith. Affirming, the First Circuit's Bankruptcy Appellate Panel rejected Marrama's argument that ...
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42 How To Avoid Filing For Bankruptcy In Bad ... - O'Flaherty Law
https://www.oflaherty-law.com/learn-about-law/how-to-avoid-filing-for-bankruptcy-in-bad-faith-in-illinois
The examples of bad faith bankruptcy filings are numerous as any mistake in paperwork, failure to report an asset or debt, or any other omission ...
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43 Franchisor Bankruptcy Case Dismissed as a Bad Faith Filing
https://www.foley.com/en/insights/publications/2018/04/franchisor-bankruptcy-case-dismissed-as-a-bad-fait
On that basis, Judge Silverstein dismissed the case as a bad faith filing. Although the circumstances of the case likely are not common among ...
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44 Defining "Bad Faith" Is Hard to Do: Objective and Subjective ...
https://heinonline.org/hol-cgi-bin/get_pdf.cgi?handle=hein.journals/prattjb10§ion=94
Bankruptcy courts have consistently recognized that Chapter 11 petitions must be filed in good faith, and that filing in bad faith is grounds for dismissal.
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45 Texas Bankruptcy Court Dismisses the NRA's Chapter 11 ...
https://www.clearygottlieb.com/news-and-insights/publication-listing/texas-bankruptcy-court-dismisses-the-nras-chapter-11-filing-for-lack-of-good-faith
The Second Circuit goes one step beyond the Fifth Circuit, requiring the movant to demonstrate both subjective and objective bad faith.[16] In ...
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46 Cross-Border Bankruptcy Update: Bad Faith Not A Basis For ...
https://www.mondaq.com/unitedstates/insolvencybankruptcy/1179478/cross-border-bankruptcy-update-bad-faith-not-a-basis-for-denying-chapter-15-recognition
Despite the absence of any explicit directive in the Bankruptcy Code, it is well understood that a bankruptcy court can dismiss a chapter 11 ...
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47 issues in chapter 7 asset cases - Department of Justice
https://www.justice.gov/archive/ust/articles/docs/nabtalk072000.pdf
When a bankruptcy case converts from Chapter 11, 12 or 13 to Chapter 7, the case ... chapter 13 . . . in bad faith, the property in the converted case shall ...
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48 Consumer Bankruptcy Committee Newsletter - Amazon S3
https://s3.amazonaws.com/abi-org/Committees/Newsletters/ConsumerBankruptcy+/2018_August_ConsumerBankruptcy.html
By contrast, the Ninth Circuit has held that while “bad faith per se can properly constitute 'cause' for dismissal of a Chapter 11 or Chapter 13 petition,” as a ...
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49 NRA lawyer denies bad faith bankruptcy accusations
https://today.westlaw.com/Document/Ib3b889e05b7c11ebaf7ba772a6053d8c/View/FullText.html
(Reuters) - A lawyer for the National Rifle Association on Wednesday denied claims that its bankruptcy was not filed in good faith and said ...
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50 Is a Bankruptcy Plan that Violates Federal Criminal Law ...
https://www.swlaw.com/blog/real-estate-litigation/2019/05/20/is-a-bankruptcy-plan-that-violates-federal-criminal-law-proposed-in-bad-faith/
Is a Bankruptcy Plan that Violates Federal Criminal Law Proposed in Bad Faith? Print this Article. Posted on May 20, 2019 by Ben Reeves. By: Ben Reeves.
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51 client & friends memos - Cadwalader
https://www.cadwalader.com/resources/clients-friends-memos/lenders-file-motions-to-dismiss-twenty-one-general-growth-properties-bankruptcy-cases-as-bad-faith-filings
... N.A., and FRM Funding Company, Inc in requesting the Bankruptcy Court to dismiss as bad faith filings the bankruptcy cases of twenty-one property level ...
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52 Wilson.Summary.pdf - Maryland Bankruptcy Bar Association
https://www.bankruptcybar.org/wp-content/uploads/2018/02/Wilson.Summary.pdf
The Bankruptcy Court dismissed a Chapter 7 bankruptcy case on account of the debtor's bad faith pursuant to 11 U.S.C. § 707(a) where the debtor manipulated ...
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53 The Fight Against An Alarming Trend: Section 706(b) Motions
https://www.southerncaliforniabankruptcylawblog.com/2021/06/06/the-fight-against-an-alarming-trend-section-706b-motions-part-1/
Some courts have held that bad faith constitutes cause in a § 707(a) motion to dismiss. See, e.g., In re Tamecki, 229 F.3d 205, 207 (3rd Cir.
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54 NRA Bankruptcy Dismissed for Lack of Good Faith in Filing
https://www.mayerbrown.com/en/perspectives-events/blogs/2021/05/nra-bankruptcy-dismissed-for-lack-of-good-faith-in-filing
The Bankruptcy Court for the Northern District of Texas dismissed the National Rifle Association's (“NRA”) bankruptcy case on May 11, ...
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55 Bankruptcy Court Finds No Bad Faith in Jet Charter Firm's Filing
https://www.taxnotes.com/research/federal/court-documents/court-opinions-and-orders/bankruptcy-court-finds-no-bad-faith-in-jet-charter-firm%E2%80%99s/7cq8l
2010) ("a dismissal for bad faith . . . involves a bankruptcy court's exercise of equitable discretion"); see also In re First Conn. Consulting ...
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56 BAD FAITH CHAPTER 13 BANKRUPTCY NJ - NJ ATTORNEYS
https://njlawconnect.com/chapter-13-bankruptcy-bad-faith/
Perhaps, but in some instances upon closer examination it may be determined that your debtor filed the bankruptcy case in bad faith either by ...
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57 FOR PUBLICATION - Lundin on Chapter 13
https://lundinonchapter13.com/Docs/S4_E10_Duran.pdf
Appeal from the United States Bankruptcy Court ... As evidence of egregious bad faith, Gudino relied on the evidence of.
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58 Unraveling and Redefining Bad Faith in Involuntary ...
https://digitalcommons.unl.edu/cgi/viewcontent.cgi?article=1667&context=nlr
Redefining Bad Faith in Involuntary Bankruptcy. Proceedings. Lawtence Ponoroff. University of Toledo College of Law, lawrence.ponoroff@law.arizona.edu.
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59 Can bad faith or excess income be “cause” to dismiss a non ...
https://bankruptcylawnetwork.com/can-bad-faith-or-excess-income-be-cause-to-dismiss-a-non-consumer-chapter-7-case/
Can bad faith or excess income be “cause” to dismiss a non-consumer Chapter 7 case? ... Under Section 707(b) of the Bankruptcy Code, for consumer debtors, ...
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60 Insured's Bankruptcy Does Not Shield Insurer From Bad Faith ...
https://www.sandbergphoenix.com/perspectives/blogs/bad-faith-blog/insureds-bankruptcy-does-not-shield-insurer-from-bad-faith-claim-in-excess-of-limits-under-georgia-law
The Court of Appeals of Georgia, relying on Georgia state law and federal bankruptcy statutes, held that the bad faith claim, ...
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61 6th Cir. Holds Even 'Bad Faith' Chapter 13 Bankruptcy Must ...
https://www.lexology.com/library/detail.aspx?g=0fe71fd7-4388-405e-b77f-b8c57f44ec3d
The U.S. Court of Appeals for the Sixth Circuit recently held that 11 U.S.C. § 1307(b) requires a bankruptcy court to dismiss a Chapter 13 ...
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62 How have courts dealt with the issue of bad faith bankruptcy ...
https://www.alexsei.com/matters/issues/how-have-courts-dealt-with-the-issue-of-bad-faith-bankruptcy-and-intent
The plaintiff sued the insurance company for intentional infliction of emotional distress and abuse of process, alleging that the bankruptcy filing was ...
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63 Punitive Damages for Involuntary Bankruptcy Petitions Filed in ...
https://www.pbwt.com/bankruptcy-update-blog/punitive-damages-for-involuntary-bankruptcy-petitions-filed-in-bad-faith-are-ineligible-for-setoff
... Bankruptcy Petitions Filed in Bad Faith are Ineligible for Setoff ... an involuntary bankruptcy petition against an alleged debtor.
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64 Creative Finance: U.S. Bankruptcy Courts Will Not Tolerate ...
https://www.blankrome.com/siteFiles/publications/CE7D1A25702B0397328669F3A9E9DA53.pdf
Quintessential “bad faith” is the use of bankruptcy to ratify or obscure a prior fraudulent act. And. Judge Gerber, the author of the Millard decision,8 ...
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65 Mercer Law Review Bankruptcy
https://digitalcommons.law.mercer.edu/cgi/viewcontent.cgi?article=1883&context=jour_mlr
The question of whether a creditor acted in bad faith by commencing an involuntary bankruptcy petition was before the Eleventh Circuit in.
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66 The Good Faith Principle in the Bankruptcy Code: A Case Study
https://www.jstor.org/stable/40686531
faith of debtors and creditors under the new bankruptcy law is a continuation of ... bad faith for performing an act that the law permits.
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67 Katzman Protects Client's $3 Million Civil Rights Judgment ...
https://bklwlaw.com/blog/bienertkatzman-protects-clients-3-million-civil-rights-judgment-and-obtains-substantial-attorneys-fees-award-in-dismissal-of-bad-faith-bankruptcy-case/
Shortly after the bankruptcy case was filed, Bienert | Katzman's team moved to dismiss the bankruptcy case as being filed in bad faith.
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68 MGC Webinar | Bad Faith and Bankruptcy
https://mgclaw.com/event/mgc-webinar-bad-faith-and-bankruptcy/
Join MGC to discuss bad faith and bankruptcy, and discover different methods used to establish third-party bad faith in North Carolina.
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69 Getting Over the Scariness of Filing an Involuntary Bankruptcy ...
https://www.dailydac.com/scariness-of-filing-an-involuntary-bankruptcy-petition/
Why compound the struggle by giving the debtor the claim that an involuntary filing was made in bad faith, exposing the creditor to more ...
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70 In Case Of First Impression, Eleventh Circuit Holds Pre ...
https://www.georgiabankruptcyblog.com/eleventh-circuit-cases/in-case-of-first-impression-eleventh-circuit-holds-pre-petition-bad-faith-can-constitute-cause-for-disimssal-under-%C2%A7707a
We hold that it is. Bad faith bankruptcy filings significantly burden the legal system in general and bankruptcy courts in particular. In 2012, there were ...
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71 Ninth Circuit Court of Appeal Decides Appropriate Standard ...
https://corporate.findlaw.com/finance/ninth-circuit-court-of-appeal-decides-appropriate-standard-for.html
Bad faith is a generic term utilized to describe a category of unfair and inequitable practices which could lead to a finding that the petition under a Chapter ...
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72 Carolin Corp. v. Miller, 886 F.2d 693 | Casetext Search + Citator
https://casetext.com/case/carolin-corp-v-miller
Miller, 886 F.2d 693, see flags on bad law, and search Casetext's ... bad faith of the petitioner in invoking this form of bankruptcy ...
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73 Johnson & Johnson's “Bad Faith” Bankruptcy Attempts to ...
https://www.levinlaw.com/2021/12/28/johnson-johnsons-bad-faith-bankruptcy-attempts-circumvent-jury-trial-talc-cases
Johnson & Johnson's “Bad Faith” Bankruptcy Attempts to Circumvent Jury Trial in Talc Cases ... Lawyers connected to the Johnson & Johnson (J&J) ...
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74 Is a chapter 13 bankruptcy case filed one month after a ...
https://www.bankruptcydivorceblawg.com/is-a-chapter-13-bankruptcy-case-filed-one-month-after-a-divorce-a-bad-faith-filing-in-virginia/
The author finds that the most interesting aspects of the Haney case are not only the bad faith analysis in light of a prior divorce, but also ...
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75 Texas Two-Stepping Out of Bankruptcy - Michigan Law Review
https://michiganlawreview.org/texas-two-stepping-out-of-bankruptcy/
N.D. Tex. 2021). Within one month, creditors brought a motion to dismiss for bad faith on the grounds that the Association had no valid bankruptcy purpose and ...
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76 1 UNITED STATES BANKRUPTCY COURT DISTRICT OF ...
https://fingfx.thomsonreuters.com/gfx/legaldocs/gdvzynranpw/NJB%2021-30589%201265%20-%20Application%20re%20Leave%20to%20File%20Brief%20of%20Amici%20Curiae%20by%20Certa.pdf
A Chapter 11 bankruptcy case should be dismissed as a bad faith filing where the debtor lacks a valid reorganizational purpose. 12. The leading ...
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77 None Too Pleased With The "Bad Faith" Debtor: US Supreme ...
https://www.bankruptcylitigation.blog/us-supreme-court-cases/none-too-pleased-with-the-bad-faith-debtor-us-supreme-court-rules-theres-no-unqualified-right-to-convert-from-chapter-7-to-chapter-13/
2/27/07 Update: Here's my follow up post on the Marrama decision, entitled 5-4 US Supreme Court Majority Extends a Bankruptcy Court's Power to Curtail a "Bad ...
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78 Supreme Court Broadly Interprets Bankruptcy Courts&rsquo
https://www.hklaw.com/en/insights/publications/2007/04/supreme-court-broadly-interprets-bankruptcy-courts
On February 21, 2007, the Supreme Court of the United States determined by a one-vote margin that a chapter 7 debtor who acts in bad faith ...
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79 NRA Ch. 11 Case Dismissed As Bad Faith Bankruptcy - Law360
https://www.law360.com/articles/1383737/nra-ch-11-case-dismissed-as-bad-faith-bankruptcy
The federal bankruptcy code does not allow a debtor to file a bankruptcy case for the purpose of gaining advantage over a litigation opponent, ...
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80 Bad Faith Dismissal and the U.S. Bankruptcy Code
https://mankatobankruptcy.com/2021/04/21/bad-faith-dismissal/
Each year in the United States, thousands of individuals and businesses use bankruptcy as a lawful way to permanently discharge debts they ...
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81 Eleventh Circuit Directs Bankruptcy Court to Vacate Sale ...
https://www.paulweiss.com/practices/transactional/restructuring/publications/eleventh-circuit-directs-bankruptcy-court-to-vacate-sale-order-based-on-new-evidence-that-involuntary-bankruptcy-case-was-filed-in-bad-faith?id=18336
Eleventh Circuit Directs Bankruptcy Court to Vacate Sale Order Based on New Evidence That Involuntary Bankruptcy Case Was Filed In Bad Faith · Events & ...
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82 Eleventh Circuit Bankruptcy Decision Marks Significant ...
https://www.armstrongteasdale.com/thought-leadership/eleventh-circuit-bankruptcy-decision-marks-significant-implications-for-insurance-companies-their-counsel/
The Chapter 7 trustee sued the insurer in state court for bad faith. The insurer sought to intervene, post-judgment, in the wrongful death ...
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83 Loopholes for the Affluent Bankrupt
https://commons.stmarytx.edu/cgi/viewcontent.cgi?article=1625&context=facarticles
The United States Bankruptcy Code contains a set of loopholes ... petition in bad faith" or whether the "totality of the circum- stances ... of the debtor's ...
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84 COURT: Stream TV judge grants SeeCubic's dismissal motion ...
https://info.debtwire.com/court-stream-tv-judge-grants-seecubics-dismissal-motion-finding-chapter-11-filed-bad-faith-update/
While it's uncommon for Chapter 11 bankruptcy cases to be dismissed based on a finding of bad faith, the dismissal of Stream's case marks ...
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85 Bankruptcy Mischief: Fraudulent Concealment and Bad Faith ...
https://www.sixthcircuitappellateblog.com/news-and-analysis/bankruptcy-mischief-fraudulent-concealment-and-bad-faith-do-not-matter-when-it-comes-to-disallowing-bankruptcy-code-exemptions/
› bankruptcy...
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86 Defining Bad Faith in Involuntary Bankruptcy
https://dc.suffolk.edu/cgi/viewcontent.cgi?article=1460&context=jtaa-suffolk
involuntary bankruptcy petition dismissible at inception for bad faith). ... imposed with respect to bad faith bankruptcies under 11 U.S.C. ...
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87 FDCPA Claims Dismissed As a Result of Plaintiff's Bad Faith ...
https://www.hinshawcfs.com/fdcpa-claims-dismissed-because-of-bad-faith-bankruptcy-conduct
In 2018, plaintiff, Igor Vedernikov, had filed a voluntary Chapter 7 bankruptcy petition that identified a single claim under the FDCPA valued ...
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88 Marrama v. Citizens Bank | Case Brief for Law School
https://www.lexisnexis.com/community/casebrief/p/casebrief-marrama-v-citizens-bank
The Bankruptcy Judge denied Marrama's request, finding bad faith. Affirming, the First Circuit's Bankruptcy Appellate Panel rejected Marrama's argument that he ...
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89 Herrick Files Amicus Brief in Johnson & Johnson Spin-off ...
https://www.herrick.com/news/herrick-files-amicus-brief-in-johnson-johnson-spin-off-bankruptcy-case-regarding-bad-faith-filing-and-supporting-the-cases-dismissal/
... in Johnson & Johnson Spin-off Bankruptcy Case Regarding Bad Faith ... on behalf of a group of well-renowned bankruptcy law professors.
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90 DCBA Brief - Back Issues - September 2015
https://www.dcba.org/page/vol280915art2
If the totality of the circumstances indicates that the bankruptcy was filed in bad faith, the court may dismiss the bankruptcy for cause.
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91 NON-DEBTOR RECOVERY FOR BAD FAITH INVOLUNTARY ...
https://search.proquest.com/openview/cccf4011d68d69940cf70a1890cef3f7/1?pq-origsite=gscholar&cbl=40211
Involuntary bankruptcy is a powerful tool that creditors can use as a last resort in attempting to collect a debt. Because this option is inherently dangerous ...
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92 Judge tosses Hamlin's 'bad faith' bankruptcy petition
https://www.hendersonvillelightning.com/business/5214-judge-throws-out-hamlin-s-bad-faith-bankruptcy-petition.html
Sharkey cited a bankruptcy judge's decision in a 1988 case in Florida, in which the judge said: “Bad faith is shown if the purpose of a Chapter ...
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93 Dallas judge dismisses NRA bankruptcy as bad faith filing
https://www.bizjournals.com/dallas/news/2021/05/11/nra-bankruptcy-tossed.html
“The Court finds there is cause to dismiss this bankruptcy case as not having been filed in good faith both because it was filed to gain an ...
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94 Delaware Bankruptcy Court Dismisses Chapter 11 Petition of ...
https://katten.com/Delaware-Bankruptcy-Court-Dismisses-Chapter-11-Petition-of-Mezzanine-Borrower-as-Filed-in-Bad-Faith
Delaware Bankruptcy Court Dismisses Chapter 11 Petition of Mezzanine Borrower as Filed in Bad Faith ... of the debtor to file the petition with ...
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95 BANKRUPTCY COURT DISMISSED CHAPTER 13 CASE ...
https://dallegal.com/bankruptcy-court-dismissed-chapter-13-case-finding-debtor-exhausted-her-remedies-after-multiple-bad-faith-filings/
The U.S. Bankruptcy Court for the Western District of Kentucky finally ... and bad faith resulting in an abuse of the bankruptcy process.
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96 Bad Faith & Bankruptcy, An Unexpected Path to Justice
https://www.linkedin.com/pulse/bad-faith-bankruptcy-unexpected-path-justice-render-freeman?trk=public_profile_article_view
Bad Faith & Bankruptcy, An Unexpected Path to Justice. Report this post · Render Freeman Click here to view Render Freeman's profile ...
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97 Vote Designation in the Aftermath of "DBSD" - WLRK
https://www.wlrk.com/webdocs/wlrknew/AttorneyPubs/WLRK.21543.11.pdf
The Bankruptcy Code contains no definition of “good faith” or “bad faith,” leaving it to the courts to develop an appropriate analytical framework.
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