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· 11/19/1997

In Re Motaharnia

Citations

  • 215 B.R. 63
  • 1997 Bankr. LEXIS 1830
  • 1997 WL 731479

How courts have described this case

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

  • holding that it is not appropriate to consider, under S 707(a) bad faith, the debtor's intent at the time of incurring a particular credit card charge not to repay creditors; such consideration is made under 11 U.S.C. S 523(a)(2)
  • noting that S 707(a) is geared toward maintaining the integrity of the bankruptcy process
  • stating that 707(b) \was created to provide the court with a tool to prevent the discharge of debt owed by non-needy consumer debtors and to deal equitably when an unscrupulous consumer attempts to use the bankruptcy court as part of a scheme to take unfair advantage of his creditors.\
  • stating that 707(b) “was created to provide the court with a tool to prevent the discharge of debt owed by non-needy consumer debtors and to deal equitably when an unscrupulous consumer attempts to use the bankruptcy court as part of a scheme to take unfair advantage of his creditors.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Geraldine Mund

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.