· 2/5/1993
In Re Robert Arlin Gier, Debtor-Appellant, Robert Arlin Gier v. Farmers State Bank of Lucas, Kansas
Citations
- 986 F.2d 1326
- 1993 U.S. App. LEXIS 1831
- 1993 WL 24389
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- noting that the purpose of the Gier factors is to determine “whether or not.. .there has been an abuse of the provisions, purpose, or spirit of the Chapter”
- reviewing lower court’s conclusion that the debtor filed his petition in bad faith for clear error
- reviewing lower court’s conclusion that the debtor filed his petition in bad faith for clear error
- noting that good-faith inquiries are encompassed by Section 1307(c)
- bad faith to be judged by the totality of the circumstances on a case by case basis
- whether a case should be dismissed underjl U.S.C. § 1307(c) based on a debtor’s bad faith in filing a Chapter 13 petition must be based on the totality of the circumstances
Source: CourtListener parenthetical corpus (CC0).
Judges: Logan, Tacha, Ebel
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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