Legal Opinion
Hadley v. Victory Construction Co. (In Re Victory Construction Co.)
United States Bankruptcy Court, C.D. California
Decided February 23, 1981No. Bankruptcy No. LA-80-07936-RO, Adv. No. LA-80-213-KOPublishedCited by 30 opinions
1Opinion of the Court
ROBERT L. ORDIN, Bankruptcy Judge.
On January 21, 1981, this court filed its “Memorandum Opinion on Complaint to Vacate Stay for Cause (Lack of Good Faith of the Debtor in Filing its Petition Under Chapter 11)”. In that opinion, 9 B.R. 549, the court held that (i) the “good faith” of the debtor is an implicit prerequisite to the filing or continuation of a proceeding under Chapter 11 of the Code; 1 and (ii) the debtor’s “lack of good faith” in filing a case under Chapter 11 is “cause”, independent of the existence or lack of adequate protection, to vacate the automatic stay under § 362(d)(1).…
2Cases cited1 opinion
- In Re Victory Const. Co., Inc.United States Bankruptcy Court, C.D. California · 1981
3Cited by30 opinions
- Carolin Corporation v. Robert J. Miller, Jr.Court of Appeals for the Fourth Circuit · 1989
- Bankr. L. Rep. P 71,956 in Re Natural Land Corporation, Debtor. Natural Land Corporation v. Baker Farms, Inc.Court of Appeals for the Eleventh Circuit · 1987
- 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
- In Re: Integrated Telecom Express, Inc. A/K/A Integrated Technology Express, Inc. A/K/A Delaware Integrated Telecom Express, Inc., Debtor Nmsbpcsldhb, L.P. v. Integrated Telecom Express, Inc. And the Official Committee of Equity HoldersCourt of Appeals for the Third Circuit · 2004
- In Re Timbers Of Inwood Forest Associates, Ltd.Court of Appeals for the Fifth Circuit · 1986
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