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Marrama v. Citizens Bank

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Opinion
430 F.3d 474 · Court of Appeals for the First Circuit · Dec 12, 2005
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Marrama v. Citizens Bank
W.D. Arkansas · Jul 15, 2019
Tenth Circuit · Sep 15, 2017
D. Rhode Island · Dec 5, 2016
First Circuit · Oct 21, 2016
D. New Hampshire · Sep 27, 2016
M.D. Pennsylvania · Oct 15, 2014
Parentheticals
finding that debtors seeking bankruptcy protection cannot “play fast and loose with their assets or with the reality of their affairs”
stating that debtors seeking bankruptcy relief may not “play fast and loose with their assets or with the reality of their affairs.”
applying the totality of the circumstances test used in Sullivan to assess good faith in a Debtor’s request to convert from Chapter 7 to Chapter 13
“As ‘good faith’ is a fact-intensive determination to be made on a case-by-case basis, we review the instant finding as to ‘bad faith’ for clear error only.”
“We can discern neither a theoretical nor a practical reason that Congress would have chosen to treat a first-time motion to convert a chapter 7 case to chapter 13 under subsection 706(a) differently from the filing of a chapter 13 petition in the first instance”