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IN RE LEAVITT

No. 97-16525.

171 F.3d 1219 (1999)

In re Jonathan Barnes LEAVITT, Debtor. Jonathan Barnes Leavitt, Appellant, v. Carlos Soto, Appellee.

United States Court of Appeals, Ninth Circuit.

Decided March 26, 1999.

Attorney(s) appearing for the Case

David Ashley Smyth, Law Offices of David A. Smyth, Walnut Creek, California, for the appellant.

Susan H. Handelman (argued), Ellen R. Krakow (on briefs), Ropers, Majeski, Kohn & Bentley, Redwood City, California, for the appellee.

Before: FLETCHER and TASHIMA, Circuit Judges, and BRYAN, District Judge.

BRYAN, District Judge:

This appeal requires us to establish the appropriate standard of bad faith as "cause" to dismiss a Chapter 132 bankruptcy petition with prejudice. The Chapter 13 petition of debtor/appellant Jonathan Barnes Leavitt ("Leavitt") was dismissed with prejudice by the Bankruptcy Court based on its findings that Leavitt's concealment of assets and inflation of expenses amounted to bad faith. The Bankruptcy Appellate Panel...

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