In Re Hall

Good Law
939 F.2d 802
United States Court of Appeals for the Ninth CircuitJuly 26, 199191-15289California3,288 words

Opinion

Opinion

939 F.2d 802 Bankr. L. Rep. P 74,106 In re HALL, BAYOUTREE ASSOCIATES, LTD., A Texas Limited Partnership, Debtor. OAKS OF WOODLAKE PHASE III, LTD., Appellee, v. HALL, BAYOUTREE ASSOCIATES, LTD., A Texas Limited Partnership, Appellant. No. 91-15289. United States Court of Appeals, Ninth Circuit. Argued and Submitted June 12, 1991. Decided July 26, 1991. Michael F. Wurst, Decker, Hardt, Kopf, Harr, Munsch & Dinan, Dallas, Tex., for appellant. Susan M. Freeman, Lewis & Roca, Tucson, Ariz., and John D. Torres, Kalish, Forrester & Torres, Phoenix, Ariz., for appellee. Appeal from the United States District Court for the District of Arizona. Before BEEZER, NOONAN and FERNANDEZ, Circuit Judges. BEEZER, Circuit Judge: 1 The district court determined that venue was improper and dismissed a bankruptcy case with prejudice because the case had been filed in bad faith. The debtor appeals the dismissal on the ground that the district court reached issues not before it, incorrectly found facts rather than remanding to the bankruptcy court, erred in finding bad faith, and abused its discretion in dismissing the case with prejudice. We affirm the district court's decision to dismiss…

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