Legal Opinion

Perlin v. Hitachi Capital America Corp.

Court of Appeals for the Third Circuit

Decided August 3, 2007No. 06-3199PublishedCited by 66 opinions

1Opinion of the Court

OPINION

COWEN, Circuit Judge.

Hitachi Capital America Corporation (“Hitachi”) appeals from the Bankruptcy Court’s order denying its motion to dismiss the voluntary joint bankruptcy petition filed by Steven J. Perlin and Cristine A. Perlin under Chapter 7 of the Bankruptcy Code. Hitachi sought dismissal of the petition under 11 U.S.C. § 707(a), on the ground that the Perlins had filed the petition in bad faith. The Bankruptcy Court denied Hitachi’s motion, reasoning that the Perlins had been truthful with the court and their creditors and had not engaged in the kind of manipulative conduct at…

2Cases cited17 opinions

  1. United States v. VonnSupreme Court of the United States · 2002
  2. Burns v. United StatesSupreme Court of the United States · 1991
  3. Barnhart v. Peabody Coal Co.Supreme Court of the United States · 2003
  4. In Re David G. Zick, Debtor. Industrial Insurance Services, Inc. v. David G. ZickCourt of Appeals for the Sixth Circuit · 1991
  5. In Re: Danny Padilla, Debtor. William T. Neary, United States Trustee for Region 16 v. Danny PadillaCourt of Appeals for the Ninth Circuit · 2000

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3Cited by66 opinions

  1. In Re: Craig Piazza, Craig Piazza v. Nueterra Healthcare Physical Therapy, LLCCourt of Appeals for the Eleventh Circuit · 2013
  2. In Re FergusonUnited States Bankruptcy Court, E.D. Pennsylvania · 2007
  3. Jeffrey Krueger v. Michael TorresCourt of Appeals for the Fifth Circuit · 2016
  4. In Re Mu'minUnited States Bankruptcy Court, E.D. Pennsylvania · 2007
  5. In re Jakovljevic-OstojicUnited States Bankruptcy Court, N.D. Illinois · 2014

61 more not listed; retrieve them via the Exa API.

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