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C.D. California· 10/12/2000

In Re Silberkraus

Citations

  • 253 B.R. 890
  • 47 Fed. R. Serv. 3d 1368
  • 2000 Bankr. LEXIS 1187
  • 36 Bankr. Ct. Dec. (CRR) 233
  • 2000 WL 1521562

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 Debtor filed his Chapter 11 petition in order to delay the pending state court action
  • noting that the Debtor filed his Chapter 11 petition in order to delay the pending state court action
  • sanctioning debtor and counsel for filing and prosecuting a chapter 11 case for 7 months to hinder and delay state court litigation
  • “most courts will not approve a disclosure statement if the underlying plan is clearly unconfirmable on its face”
  • bad faith may be found under § 1112(b) 10 where the debtor has filed bankruptcy as a litigation tactic — 11 e.g., forum shopping
  • “A finding 10 of a lack of good faith in bankruptcy proceedings depends on the 11 totality of the facts and circumstances surrounding the particular case.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Kathleen P. March

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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.