Leavitt v. Soto (In Re Leavitt)

How courts have described this case

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

• affirming bankruptcy court order forever enjoining debtor from receiving discharge on all pre-petition debts under 349(a)
• affirming bankruptcy court order forever enjoining debtor from receiving discharge on all pre-petition debts under 349(a)
• finding “egregious” conduct must be present to find cause under § 349(a). See also In re Merrill, 192 B.R. 245, 253 (Bankr. D. Colo. 1995) (a bar against refiling is the “capital punishment of bankruptcy”); In re Tomlin, 105 F.3d 933, 937 (4th Cir. 1997
• “The starting point in every case involving construction of a statute is the language itself’
• Ninth Circuit BAP concluded that upon finding of cause for dismissal with prejudice future filings could be barred indefinitely
• “[B]ad faith exists where the debtor filed a petition only with the intention to defeat state court litigation. In re Chinichian, 784 F.2d 1440, 1445-46 (9th Cir.1986).”

Source: CourtListener parenthetical corpus (CC0).