· 3/17/1999
Barger v. Hayes County Non-Stock Co-Op (In Re Barger)
Citations
- 233 B.R. 80
- 41 Collier Bankr. Cas. 2d 1164
- 1999 Bankr. LEXIS 212
- 34 Bankr. Ct. Dec. (CRR) 68
- 1999 WL 173609
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- suggesting courts may consider precedent applying identical provisions in different chapters, unless there are practical reasons not to do so
- noting prepetition conduct is a factor to be considered and finding a lack of good faith when debtor unlawfully converted creditor's collateral and then tried to treat the creditor as unsecured
- “[T]he good faith inquiry looks at the debtor’s fairness in dealing with creditors.”
- applying identical language of 11 U.S.C. § 1225(a)(3)
Source: CourtListener parenthetical corpus (CC0).
Judges: Kressel, Schermer, Dreher
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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