Legal Opinion
McDow v. Smith
District Court, E.D. Virginia
Decided June 23, 2003No. CIV.A. 03-30-APublishedCited by 32 opinions
1Opinion of the Court
MEMORANDUM OPINION
ELLIS, District Judge.
In this bankruptcy appeal, the appellee, a debtor with a significant debt to the Internal Revenue Service (“IRS”), seeks to discharge this debt even though, by any fair standard, his annual income is munificent, and he spends much of it on private education for his children and the rental of his large and expensive family home. This case, one of first impression in this circuit, presents the following novel questions: (1) whether “cause” for dismissal under 11 U.S.C. § 707(a) includes a debtor’s lack of good faith; and if so, (2) whether the facts…
2Cases cited40 opinions
- Desert Palace, Inc. v. CostaSupreme Court of the United States · 2003
- Hughey v. United StatesSupreme Court of the United States · 1990
- In the Matter of Little Creek Development Company, Debtor. Little Creek Development Co. v. Commonwealth Mortgage Corp.Court of Appeals for the Fifth Circuit · 1986
- Harrison v. PPG Industries, Inc.Supreme Court of the United States · 1980
- In the Matter of Robert John Love, Debtor-AppellantCourt of Appeals for the Seventh Circuit · 1992
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3Cited by32 opinions
- In Re: Craig Piazza, Craig Piazza v. Nueterra Healthcare Physical Therapy, LLCCourt of Appeals for the Eleventh Circuit · 2013
- Perlin v. Hitachi Capital America Corp.Court of Appeals for the Third Circuit · 2007
- Ralph Janvey v. Peter RomeroCourt of Appeals for the Fourth Circuit · 2018
- McDow v. Dudley (In Re Dudley)United States Bankruptcy Court, W.D. Virginia · 2009
- In Re LoberaUnited States Bankruptcy Court, D. New Mexico · 2011
27 more not listed; retrieve them via the Exa API.