Legal Opinion

Sullivan v. Harnisch (In Re Sullivan)

United States Bankruptcy Appellate Panel for the Ninth Circuit

Decided December 22, 2014No. BAP CC-14-1225-TaDKi; Bankruptcy SA 14-bk-10711-CBPublishedCited by 41 opinions

1Opinion of the Court

OPINION

LAURA S. TAYLOR, Bankruptcy Judge:

INTRODUCTION

Fifteen days after debtor Joseph Sullivan filed a chapter 11 1 petition, Appellees, as holders of a large state court judgment and related judgment liens, filed a motion to dismiss the case as a bad faith filing. They contended that the case was a two-party dispute and that Debtor improperly filed solely to delay their collection efforts. They also argued that Debtor lacked any reasonable probability of confirming a chapter 11 plan because Appellees would vote against it.

Debtor opposed the motion, supported by his declaration and timely…

2Cases cited28 opinions

  1. United States v. HinksonCourt of Appeals for the Ninth Circuit · 2009
  2. Toibb v. RadloffSupreme Court of the United States · 1991
  3. In Re E.R. Fegert, Inc., Debtor. Dan O'rourke, Trustee v. Seaboard Surety Company Coral Construction Company, Inc. Shotwell Paving CompanyCourt of Appeals for the Ninth Circuit · 1989
  4. In Re Jonathan Barnes Leavitt, Debtor. Jonathan Barnes Leavitt v. Carlos SotoCourt of Appeals for the Ninth Circuit · 1999
  5. Atwood v. Chase Manhattan Mortgage Co. (In Re Atwood)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2003

23 more not listed; retrieve them via the Exa API.

3Cited by41 opinions

  1. Allana Baroni v. David SerorCourt of Appeals for the Ninth Circuit · 2022
  2. Kingsway Capital Partners, LLC v. SosaDistrict Court, N.D. California · 2016
  3. In re Bowers Investment Co.United States Bankruptcy Court, D. Alaska · 2016
  4. Atkinson v. Page (In re Page)United States Bankruptcy Court, D. Alaska · 2017
  5. In re Red Door Lounge, Inc.United States Bankruptcy Court, D. Montana · 2016

36 more not listed; retrieve them via the Exa API.

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