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While US bankruptcy law does not explicitly define bankruptcy "in bad faith", courts have routinely applied certain standards, and creditors can bring motions to dismiss bankruptcies for bad faith. Types of bad-faith bankruptcies include those in which a new company is created for the purpose of filing bankruptcy, and when a company uses ...
New § 362(c)(3) provides that if the debtor files a chapter 7, 11 or 13 case within one year of the dismissal of an earlier case, the automatic stay in the present case terminates 30 days after the filing, unless the debtor or some other party in interest files a motion and demonstrates that the present case was filed in good faith with ...
Alito found that the imposition of the bad-faith exception "is inconsistent with the Bankruptcy Code." His opinion follows the plain language of the statute, specifically the passage that indicates that a "debtor may convert a case under this chapter to a case under chapter 11, 12, or 13 of this title at any time, if the case has not been ...
Filing for bankruptcy should be a last resort, as it has lasting consequences on credit and financial opportunities. Fortunately, you can take proactive steps to avoid bankruptcy and regain ...
A New York bankruptcy judge on Friday approved a deal that would dismiss Rudy Giuliani’s attempt to secure bankruptcy protections, putting two former election workers he repeatedly defamed after ...
By the time the average person is ready to declare bankruptcy, they've probably done everything they can to deal with a looming financial crisis. Often unexpected life events and crises lead to the...
bad-faith exception to the right to convert Chapter 7 bankruptcy case to a Chapter 13 case Sinochem International Co., Ltd. v. Malaysia International Shipping Corporation: 549 U.S. 422 (2007) District Court may respond immediately to defendant's forum non conveniens motion before resolving jurisdictional or other threshold concerns Massachusetts v.
That includes what Johnson called an expert witness in securities who has yet to file a report with the court; Clymer set an Oct. 13 deadline for that and other exhibits in the case. Witness ...
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