Legal Opinion

In Re Jonathan Barnes Leavitt, Debtor. Jonathan Barnes Leavitt v. Carlos Soto

Court of Appeals for the Ninth Circuit

Decided March 26, 1999No. 97-16525PublishedCited by 264 opinions

1Opinion of the Court

BRYAN, District Judge:

This appeal requires us to establish the appropriate standard of bad faith as “cause” to dismiss a Chapter 13 2 bankruptcy petition with prejudice. The Chapter 13 petition of debtor/appellant Jonathan Barnes Leavitt (“Leavitt”) was dismissed with prejudice by the Bankruptcy Court based on its findings that Leavitt’s concealment of assets and inflation of expenses amounted to bad faith. The Bankruptcy Appellate Panel (“BAP”) affirmed the dismissal in In re Leavitt, 209 B.R. 935 (9th Cir.BAP1997). We have jurisdiction pursuant to 28 U.S.C. § 158(d), and we affirm.

FACTUAL…

2Cases cited19 opinions

  1. In Re Julian Roosevelt Goeb and Jane Alma Goeb, Debtors. In Re Julian Roosevelt Goeb and Jane Alma Goeb v. Harry W. Heid, Chapter 13 TrusteeCourt of Appeals for the Ninth Circuit · 1982
  2. In Re Carol Freeman Marsch, Debtor (Two Cases). John D. Marsch, Claimant-Appellant v. Carol F. Marsch, (Two Cases)Court of Appeals for the Ninth Circuit · 1994
  3. In Re Edward J. Waldron, Debtors, Shell Oil Company, Cross-Appellee v. Edward J. Waldron and Elizabeth M. Waldron, His Wife, Cross-AppellantsCourt of Appeals for the Eleventh Circuit · 1986
  4. In Re Shirley Mae TOMLIN, Debtor. COLONIAL AUTO CENTER, Plaintiff-Appellee, v. Shirley Mae TOMLIN, Defendant-AppellantCourt of Appeals for the Fourth Circuit · 1997
  5. In Re Khalil and Shahin Chinichian, Debtors. Khalil and Shahin Chinichian v. Attilio CampolongoCourt of Appeals for the Ninth Circuit · 1986

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3Cited by264 opinions

  1. Marrama v. Citizens Bank of Mass.Supreme Court of the United States · 2007
  2. Rosson v. Fitzgerald (In Re Rosson)Court of Appeals for the Ninth Circuit · 2008
  3. In Re: Sgl Carbon Corporation, Debtor Official Committee of Unsecured Creditors, at No. 99-5319 v. Nucor Corporation Nucor-Yamato Steel Company, at No. 99-5382Court of Appeals for the Third Circuit · 1999
  4. America Unites for Kids v. Sylvia RousseauCourt of Appeals for the Ninth Circuit · 2021
  5. In Re Edwin R. Smith, Debtor-Appellee. Appeal of Jerry WatsonCourt of Appeals for the Seventh Circuit · 2002

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