In Re Galanis

How courts have described this case

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

• holding that by a preponderance of the evidence is the standard of proof that will apply when the presumption of 11 U.S.C. § 362(c)(3)(C) does not arise because the Bankruptcy Code does not provide otherwise and because it is the default standard of proof in a bankruptcy case
• finding debtors' motive was to responsibly address their debts \[b]ased on the [debtors'] testimony.\
• “It is entirely possible that a debtor might file a bankruptcy case in good faith, but later propose a chapter 13 plan not in good faith.”
• in assessing debtor's good faith under § 362(c)(3)(B), the court considered why \the debtor's prior case\ was dismissed
• the Flygare standards focus on the debtor’s good faith at the time of proposing a chapter 13 plan
• revised totality of circumstances test for determining good faith in filing a chapter 13 case, relying in part on Gier v. Farmer’s Bank of Lucas (In re Gier), 986 F.2d 1326 (10th Cir.1993)

Source: CourtListener parenthetical corpus (CC0).