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· 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 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.