Sullivan v. Harnisch (In Re Sullivan)
United States Bankruptcy Appellate Panel for the Ninth Circuit
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
- United States v. HinksonCourt of Appeals for the Ninth Circuit · 2009
- Toibb v. RadloffSupreme Court of the United States · 1991
- 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
- In Re Jonathan Barnes Leavitt, Debtor. Jonathan Barnes Leavitt v. Carlos SotoCourt of Appeals for the Ninth Circuit · 1999
- Atwood v. Chase Manhattan Mortgage Co. (In Re Atwood)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2003
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- In re Red Door Lounge, Inc.United States Bankruptcy Court, D. Montana · 2016
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