· 6/26/2013
In Re: Craig Piazza, Craig Piazza v. Nueterra Healthcare Physical Therapy, LLC
Citations
- 719 F.3d 1253
- 2013 WL 3198005
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- finding that debtor's purpose was to discharge a single debt while making payments to insiders
- concluding that “[t]he legal standard by which the court finds 8 bad faith” under § 707(a) “is a question of law reviewed de novo . . . while the finding of bad faith itself is a factual determination” reviewed for clear error
- concluding that “cause” under 707(a) includes prepetition bad faith
- reviewing Chapter 7 dismissal “for cause” under statute that contains similar operative language to the “for cause” dismissal provision in Chapter 13
- explaining the totality-of-the-circumstances inquiry endorsed by Marrama looks for “atypical” conduct rising to the level of bad faith, or a lack of good faith
- applying Conn. Nat’l Bank to a superfluity argument regarding two subsections of the same statute
Source: CourtListener parenthetical corpus (CC0).
Judges: Black, Marcus, Siler
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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