C.D. California· 12/5/2006

In Re Mitchell

Citations

357 B.R. 142
2006 Bankr. LEXIS 3343
2006 WL 3586263

How courts have described this case

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

finding that “filing one Chapter 7 petition in bad faith is sufficient ‘cause’ under 11 U.S.C. § 349 to impose a 180–day bar against refiling another Chapter 7 petition.”
noting that “[c]ourts 27 applying the Chapter 11 and Chapter 13 bad faith tests generally consider a variety of non-exclusive factors” and listing five 28 factors similar to those considered in Welsh and Leavitt
noting that “[c]ourts 27 applying the Chapter 11 and Chapter 13 bad faith tests generally consider a variety of non-exclusive factors” and listing five 28 factors similar to those considered in Welsh and Leavitt
courts should 4 consider “whether the debtor intended to invoke the automatic 5 stay for improper purposes, such as for the sole objective of 6 defeating state court litigation” (citation omitted)
courts should 4 consider “whether the debtor intended to invoke the automatic 5 stay for improper purposes, such as for the sole objective of 6 defeating state court litigation” (citation omitted)

Source: CourtListener parenthetical corpus (CC0).

Judges: Ernest M. Robles

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