· 8/24/2015
Michael D. Schwartz v. Barclays Capital, Incorporated
Citations
- 799 F.3d 760
- 74 Collier Bankr. Cas. 2d 263
- 2015 U.S. App. LEXIS 14846
- 2015 WL 4998443
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- concluding that the 21-day deadline to seek an extension from the bankruptcy court “is jurisdictional so far as an appeal to the district court is concerned”
- applying § 707(a) to find that “unjustified refusal to pay one’s debts is a valid ground” for dismissal
- equating the granting of a section 707(a) motion and dismissal of the case with denial of the discharge
- finding cause to dismiss where debtor depleted assets prior to filing chapter 7
- “[A]n unjustified refusal to pay one’s debts is a valid ground under 11 U.S.C. § 707(a) to deny a discharge of a bankrupt’s debts.”
- “[T]he fact that the three grounds are introduced by ’including tugs against the argument that they are exclusive, or that they exhaust the statute.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Posner, Kanne, Rovner
Read full opinion on CourtListenerSourced 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.