In Re Virden

How courts have described this case

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

• concluding that if district court judges do not bind each other, neither do bankruptcy judges even when empaneled on a bankruptcy appellate panel
• holding that it is the debtor that must prove good faith as a condition to confirmation
• noting that courts totality of circumstances test focuses on, inter alia, “the debtor’s honesty in the bankruptcy process, including whether [s]he has attempted to mislead the court and whether [s]he has made any misrepresentations.”
• determining that “[u]nder Section 1307(c) [regarding dismissal of a petition as not having been filed in good faith], the objecting creditor bears the burden of proof, while under Section 1325(a)(3), it is the debtor.”
• finding that “[t]he bottom line when assessing the debtor’s good faith is whether the debtor is attempting to thwart his creditors or is making an honest effort to repay them to the best of his ability. Is the debtor motivated by a desire not to pay creditors rather than inability to pay?”
• “The bottom line is whether a debt- or is attempting to thwart [her] creditors, or making an honest effort to repay them to the best of [her] ability.”

Source: CourtListener parenthetical corpus (CC0).