When will a bankruptcy court find bad faith in a claim made by a plaintiff?
federal, United States of America
The following excerpt is from Windscheffel v. Montebello Unified Sch. Dist. (In re Windscheffel), BAP No. CC-16-1303-FLKu (B.A.P. 9th Cir. 2017):
faith. The bankruptcy court does not have to consider all of the factors, nor does it have to weigh them equally. A bankruptcy court may find one factor dispositive or may find bad faith even if none of the factors are present. See Mahmood v. Khatib (In re Mahmood), BAP No. CC-16-1210-TaFC, 2017 WL 1032569, at *4 (9th Cir. BAP Mar. 17, 2017).
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