BANKRUPTCY CASE LAW:
BAD FAITH BANKRUPTCY


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McDow v. Dudley, No. 10-1732  United States Fourth Circuit, 11/30/2011
In an appeal from a judgment of the district court dismissing an appeal to an order denying a motion to dismiss a debtor's Chapter 7 bankruptcy case as abusive under 11 U.S.C. section 707(b) as interlocutory, judgment is reversed because a bankruptcy court’s order denying such a motion is immediately appealable to the district court. Read more...

US v. Mitchell, No. 07-3136 (U.S. 8th Circuit Court of Appeals, June 10, 2008)
Conviction upon defendant's retrial for knowingly and fraudulently making a false statement under penalty of perjury in a bankruptcy case is affirmed where the circuit court declines to revisit a double jeopardy issue, and there was sufficient evidence to sustain his conviction.
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IN RE: SILBERKRAUS, No. 01-56992 (9th Cir. July 10, 2003)  The bankruptcy court did not abuse its discretion in finding a Chapter 11 filing to be frivolous, and imposing sanctions upon counsel for acting in bad faith in delaying state court litigation of a commercial dispute. http://caselaw.lp.findlaw.com/data2/circs/9th/0156992p.pdf

 

OPINION SUMMARIES ARCHIVE FindLaw archives case law summaries of opinion issued since September 2000 by the U.S. Supreme Court, all thirteen Federal Circuit Courts, the California Supreme Court, the California Appellate Courts, and the New York Court of Appeals.  http://caselaw.lp.findlaw.com/casesummary/index.html