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· 7/31/1996

In Re Ernest R. Lilley, Jr., Debtor. Ernest R. Lilley, Jr.

Citations

  • 91 F.3d 491
  • 36 Collier Bankr. Cas. 2d 609
  • 78 A.F.T.R.2d (RIA) 5884
  • 1996 U.S. App. LEXIS 18904
  • 1996 WL 426795

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • instructing courts to consider, inter alia, “the debtor’s treatment of creditors both before and after the petition was filed”
  • “Factors relevant to the totality of the circumstances inquiry may include ... ‘how the debtor’s actions affected creditors.’ ”
  • “It is . . . beyond dispute that a court may consider matters other than those enumerated in [§] 1307(c) as grounds for dismissal [or conversion] of a Chapter 13 petition.”
  • “good faith is a term incapable of precise definition” which requires a “fact intensive determination better left to the discretion of the bankruptcy court” on a “case-by-case basis in light of the totality of the circumstances.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Sloviter, Sarokin, Rosenn

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.