9th Circuit Rules on Whether Chapter 20s Are Per Se Bad Faith Filings and Whether An Obvious Intended Lien Avoidance Action Affects Eligibility Under 11 U.S.C. § 109

9th Circuit Rules on Whether Chapter 20s Are Per Se Bad Faith Filings and Whether An Obvious Intended Lien Avoidance Action Affects Eligibility Under 11 U.S.C. § 109

The 9th Circuit Court of Appeals, in an unpublished opinion, recently ruled on two important issues. The Court examined whether filing a chapter 13 bankruptcy soon after completion of a chapter 7 is a bad faith filing per se. The Court also examined whether the amount of a wholly unsecured lien should be considered in determining debtor’s eligibility under the secured or unsecured debt caps found in §109(e) when the debtor’s obvious intention is to strip off the lien.

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