Legal Opinion
Oaks of Woodlake Phase III, Ltd. v. Hall, Bayoutree Associates, Ltd. (In re Hall, Bayoutree Associates, Ltd.)
Court of Appeals for the Ninth Circuit
Decided July 26, 1991No. 91-15289PublishedCited by 29 opinions
1Opinion of the Court
BEEZER, Circuit Judge:
The district court determined that venue was improper and dismissed a bankruptcy case with prejudice because the case had been filed in bad faith. The debtor appeals the dismissal on the ground that the district court reached issues not before it, incorrectly found facts rather than remanding to the bankruptcy court, erred in finding bad faith, and abused its discretion in dismissing the case with prejudice. We affirm the district court’s decision to dismiss the case rather than transfer it, but we reverse the dismissal with prejudice.
I
On March 5, 1990, Hall Bayoutree…
2Cases cited14 opinions
- Costello v. United StatesSupreme Court of the United States · 1961
- In the Matter of Pizza of Hawaii, Inc., Debtor. Pizza of Hawaii, Inc. v. Shakey's, Inc.Court of Appeals for the Ninth Circuit · 1985
- Wegner v. GrunewaldtCourt of Appeals for the Eighth Circuit · 1987
- Don Kirshner, and Schumaier, Roberts & McKinsey v. Uniden Corporation of AmericaCourt of Appeals for the Ninth Circuit · 1988
- United States v. Michael Paul HouserCourt of Appeals for the Ninth Circuit · 1986
9 more not listed; retrieve them via the Exa API.
3Cited by29 opinions
- In Re Jeannie Niles, Debtor. Rita G. Otto v. Jeannie NilesCourt of Appeals for the Ninth Circuit · 1997
- In Re Gary Ronald Perez, Debtor. Frank Everett v. Gary Ronald PerezCourt of Appeals for the Ninth Circuit · 1994
- Great Western Bank the Bank of America, Creditors-Appellees v. Sierra Woods Group, a California Limited Partnership, Debtor-AppellantCourt of Appeals for the Ninth Circuit · 1992
- Clear Blue Water, LLC v. Oyster Bay Management Co.District Court, E.D. New York · 2012
- FS Photo, Inc. v. PictureVision, Inc.District Court, D. Delaware · 1999
24 more not listed; retrieve them via the Exa API.