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Nine Factors to Consider in a “Bad Faith” Analysis
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By Morgan D. King, Esq., Dublin, CA
In its opinion, the Court referenced language in another case, In re Mitchell, 357 B.R. 142 (Bankr. C.D. Cal. 2006), for guidance in looking at the bad faith argument raised by the trustee in this chapter 7 case - Miller v. Gilliam (In re Miller) (B.A.P. 9th Cir., 2016).
"The Mitchell court set forth the following nonexclusive factors to be considered in determining whether to dismiss a chapter 7 case for bad faith under § 707(b)(3)(A):
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