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· 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 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.