MOMBREA, BONNY J. v. LAIRD, DANNY R.

How courts have described this case

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

• noting that both economic and non-economic considerations should be considered in assessing the detriment to a non-debtor under Section 363(h)(3)
• listing nine “cause” factors considered when analyzing whether to dismiss involuntary chapter 7 case, but emphasizing discretionary and case-by-case nature of the inquiry
• applying the dismissal provision in section 707(a) and rules of construction set forth in section 102(3) to an involuntary chapter 7 petition
• noting the purpose of the inquiry while affirming the bankruptcy court’s consideration of the nine articulated factors
• dismissing an involuntary bankruptcy case where it was “an improper use of the bankruptcy system”
• noting that an involuntary case commenced by four creditors had a “greater need for . . . collective remedies available only in bankruptcy court” as compared with a case that involved only “one creditor and [had] no risk of asset depletion in favor of other creditors”

Source: CourtListener parenthetical corpus (CC0).