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Home / Opinion Digests / Bankruptcy / Bankruptcy – Dismissal Reversed – Marino Factors – No Real Misconduct (access required)

Bankruptcy – Dismissal Reversed – Marino Factors – No Real Misconduct (access required)

Even though the bankruptcy court found several factors indicating bad faith on the part of the debtors, the bankruptcy court did not have the benefit of the recent Fourth Circuit decision, Janvey v. Romero, 883 F.3d 406 (4th Cir. 2018), in which the court said dismissal under 11 U.S.C. § 707(a) must “be reserved for ...

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