Legal Opinion
In Re Carbaugh
United States Bankruptcy Court, N.D. Texas
Decided June 3, 2003No. 19-40949PublishedCited by 7 opinions
1Opinion of the Court
MEMORANDUM OPINION
HARLIN D. HALE, Bankruptcy Judge.
This case presents the issue of whether “bad faith” may be “cause” under Bankruptcy Code § 707(a) for dismissal of a Chapter 7 case. In addition, if cause includes bad faith, does bad faith exist in the present case to mandate dismissal?
After reviewing the evidence, arguments, briefs, and existing case law, the Court determines that, in the Fifth Circuit, cause for dismissal under § 707(a) includes bad faith. However, in the present case, the evidence does not establish sufficient grounds for dismissal. Accordingly, the motion to dismiss is…
2Cases cited11 opinions
- In the Matter of Little Creek Development Company, Debtor. Little Creek Development Co. v. Commonwealth Mortgage Corp.Court of Appeals for the Fifth Circuit · 1986
- In Re David G. Zick, Debtor. Industrial Insurance Services, Inc. v. David G. ZickCourt of Appeals for the Sixth Circuit · 1991
- In Re: Danny Padilla, Debtor. William T. Neary, United States Trustee for Region 16 v. Danny PadillaCourt of Appeals for the Ninth Circuit · 2000
- In Re: Ronald M. Tamecki, Sr., Debtor Ronald M. Tamecki, Sr. v. Lawrence G. FrankCourt of Appeals for the Third Circuit · 2000
- In the Matter of Atlas Supply Corporation, Debtor. Gail Lee Peterson v. Atlas Supply CorporationCourt of Appeals for the Fifth Circuit · 1988
6 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- In Re American Telecom Corp.United States Bankruptcy Court, N.D. Illinois · 2004
- Turner v. Johnson (In Re Johnson)United States Bankruptcy Court, N.D. Georgia · 2005
- In Re LiptakUnited States Bankruptcy Court, N.D. Illinois · 2004
- In Re Lots by Murphy, Inc.United States Bankruptcy Court, S.D. Texas · 2010
- United States v. PedigoUnited States Bankruptcy Court, S.D. Indiana · 2005
2 more not listed; retrieve them via the Exa API.