Legal Opinion
In Re Staff Investment Co.
United States Bankruptcy Court, E.D. California
Decided January 5, 1993No. 19-20565PublishedCited by 34 opinions
1Opinion of the Court
MEMORANDUM DECISION ON MOTION TO VACATE ORDER OF DISMISSAL AND TO CONVERT CASE
CHRISTOPHER M. KLEIN, Bankruptcy Judge:
Here is another way to handle the pesky problem of serial bankruptcies that are filed as maneuvers to milk unfair advantage from the Bankruptcy Code. After a creditor won relief from the automatic stay fair and square, this real estate partnership averted conversion from chapter 11 to chapter 7 by inveigling dismissal of the case. Then it bagged a new automatic stay by filing a chapter 7 case.
Although invited to dismiss the second case as a bad faith filing, a less drastic…
2Cases cited16 opinions
- Alphonso Thompson v. The Housing Authority of the City of Los Angeles, a Public CorporationCourt of Appeals for the Ninth Circuit · 1986
- In Re: Russell Schwartz Linda Schwartz, Debtors. Russell Schwartz Linda Schwartz v. United StatesCourt of Appeals for the Ninth Circuit · 1992
- R.E. Rodgers and Barbara Rodgers v. James G. Watt, Secretary of the Interior of the United States of AmericaCourt of Appeals for the Ninth Circuit · 1983
- Anne Anderson v. Cryovac, Inc., Anne Anderson v. Beatrice Foods Co.Court of Appeals for the First Circuit · 1988
- Freshman v. AtkinsSupreme Court of the United States · 1925
11 more not listed; retrieve them via the Exa API.
3Cited by34 opinions
- Woods & Erickson, LLP v. Leonard (In Re AVI, Inc.)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2008
- Kronemyer v. American Contractors Indemnity Co. (In Re Kronemyer)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2009
- Nelson v. Meyer (In Re Nelson)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2006
- De Jounghe v. Mender (In Re De Jounghe)Bankruptcy Appellate Panel of the First Circuit · 2005
- In Re BabayoffUnited States Bankruptcy Court, E.D. New York · 2011
29 more not listed; retrieve them via the Exa API.