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· 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 CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.