· 3/19/1986
In Re Khalil and Shahin Chinichian, Debtors. Khalil and Shahin Chinichian v. Attilio Campolongo
Citations
- 784 F.2d 1440
- 1986 U.S. App. LEXIS 23200
- 14 Bankr. Ct. Dec. (CRR) 541
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that strategic filing of a bankruptcy petition to frustrate and to impede a specific performance action in state court constitutes a bad faith filing
- holding order only partially confirming proposed plan was nonfinal so that appeal therefrom did not divest bankruptcy court of jurisdiction
- noting that a court’s written order controls over an inconsistent oral ruling
- upholding bankruptcy court’s sua sponte revocation of earlier confirmation order despite language of § 1330 (“on request of a party in interest”)
- “Section 105 sets out the power of the bankruptcy court to fashion orders as necessary pursuant to the purposes of the Bankruptcy Code.”
- lack of good faith in filing a Chapter 7 case for same reasons
Source: CourtListener parenthetical corpus (CC0).
Judges: Goodwin, Schroeder, Boochever
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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