Marciano v. Fahs (In Re Marciano)
United States Bankruptcy Appellate Panel for the Ninth Circuit
1Opinion of the Court
OPINION
DUNN, Bankruptcy Judge.
The bankruptcy court adopted a per se rule that, even though they were on appeal, unstayed California judgments entered against the alleged debtor following terminating sanctions for discovery abuses in state court litigation constituted claims that were not subject to bona fide dispute for purposes of entering an order for relief under § 303.1 Accordingly, the judgment creditors were not precluded from filing an involuntary bankruptcy petition against the judgment debtor. Further, the bankruptcy court declined to stay the proceedings on the involuntary chapter…
2Cases cited60 opinions
- Anderson v. Liberty Lobby, Inc.Supreme Court of the United States · 1986
- Celotex Corp. v. Catrett, Administratrix of the Estate of CatrettSupreme Court of the United States · 1986
- Butner v. United StatesSupreme Court of the United States · 1979
- Debbie Foltz, Consumer Action United Policyholders Texas Watch, Intervenors, and Tierney Adamson Kevin Snead Daniel P. Johnson, Intervenors-Appellants. v. State Farm Mutual Automobile Insurance Company, an Illinois Corporation California Institute of Medical Research & Technology, Inc., a Foreign Corporation Dba Comprehensive Medical Review Ralph Householder Steven Becker v. April Jean Ho Jim Mathis, Plaintiffs-Intervenors. Debbie Foltz, and Tierney Adamson Kevin Snead Daniel P. Johnson, Intervenors-Appellants v. State Farm Mutual Automobile Insurance Company, an Illinois Corporation, and California Institute of Medical Research & Technology, Inc., a Foreign Corporation Dba Comprehensive Medical Review Ralph Householder Steven Becker v. April Jean Ho Jim Mathis, Plaintiffs-Intervenors. Debbie Foltz, April J. Ho Jim Mathis Tierney Adamson Kevin Snead Daniel P. Johnson, Intervenors, and Consumer Action United Policy-Holders Texas Watch, Intervenors-Appellants v. State Farm Mutual Automobile Insurance Company, an Illinois Corporation, and Steven BeckerCourt of Appeals for the Ninth Circuit · 2003
- United States v. HinksonCourt of Appeals for the Ninth Circuit · 2009
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3Cited by57 opinions
- In re: Wallace Eugene Francis, Tracy Danielle FrancisUnited States Bankruptcy Appellate Panel for the Ninth Circuit · 2014
- Georges Marciano v. Steven ChapnickCourt of Appeals for the Ninth Circuit · 2013
- Mele v. Mele (In Re Mele)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2013
- Proudfoot Consulting Co. v. Gordon (In Re Gordon)United States Bankruptcy Court, N.D. Georgia · 2012
- In re: Bobby Joe Wallace and Bridget Janine WallaceUnited States Bankruptcy Appellate Panel for the Ninth Circuit · 2013
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