Good faith is lacking only when the debtor's actions are a clear abuse of the bankruptcy process.
The case involves a debtor who filed for Chapter 11 bankruptcy after failing to pay on land contracts for public school endowment lands. The creditor sought to lift the automatic stay to execute its security interest, arguing the debtor lacked good faith and that state law required full payment. The court reviews whether the debtor’s actions constituted a clear abuse of the bankruptcy process. The court applies the rule that good faith depends on an amalgam of factors, including financial status and motives, and is lacking only when the debtor’s actions are a clear abuse of the process. Because the debtor used the land productively to repay creditors and showed no bad faith, the court reverses the district court’s order lifting the stay.
806 F.2d at 939 Determining debtor good faith and automatic stay removal40 citing casesGood faith is lacking only when the debtor’s actions are a clear abuse of the bankruptcy process.
- Tracy Lee Hurst-castl, No. 24-14610 (Bankr. D. Nev. Jan. 8, 2026).(Good faith is lacking only when the debtor’s actions are a clear abuse of the bankruptcy process.)
- Obstetric & Gynecologic Assocs. of Iowa City, No. 22-01174 (Bankr. S.D. Iowa Mar. 29, 2023).(The existence of good faith depends on an amalgam of factors and not upon a specific fact)
- In re James A. Little & Jan R. Little, No. 24-00661 (Bankr. D. Idaho May 1, 2026).(discussing the “amalgam” of factors for bad faith)
- Michael Herlihy v. DBMP, LLC, 167 F.4th 142 (4th Cir. 2026).published(specifying that “[t]he debtor’s lack of good faith in filing a bankruptcy petition has often been used as cause for removing the automatic stay)
- Armin Dirk Van Damme, No. 25-10329 (Bankr. D. Nev. Mar. 13, 2025).“depends on an amalgam of factors and not upon a specific fact”
- Hawkeye Ent., LLC, No. 1:23-bk-11501 (Bankr. C.D. Cal. Apr. 8, 2024).unpublished Idaho 27 Dep't of Lands v. Arnold (In re Arnold), 806 F.2d 937, 939 (9th Cir. 1986).
- In re Orchid Child Prods., LLC, No. 23-1011 (B.A.P. 9th Cir. Sept. 7, 2023).unpublished“[t]he debtor’s lack of good faith in filing a bankruptcy petition has often been used as cause for removing the automatic stay”
- Bootjack Dairy M&D, LLC, No. 23-40226 (Bankr. D. Idaho Aug. 28, 2023).As stated by the Ninth Circuit BAP, “[n]either insolvency nor inability to pay debts is a prerequisite to seeking voluntary relief under the Bankruptcy Code.” In re Stolrow’s Inc., 84 B.R. 167, 171 (9th Cir. BAP 1988).40 Yet, “when assessi…
- In re Homesite Holdings LLC, No. 22-1113 (B.A.P. 9th Cir. June 6, 2023).unpublishedThe test for a bad faith filing is "whether a debtor is attempting to unreasonably deter and harass creditors or attempting to effect a speedy, efficient reorganization on a feasible basis." In re Marsch, 36 F.3d at 828 (citing Idaho Dep't…
- In re M. David Fesko, No. NV-19-1306-GLB (B.A.P. 9th Cir. June 5, 2020).unpublishedIdaho Dep’t of Lands v. Arnold (In re Arnold), 806 F.2d 937, 939 (9th Cir. 1986).
Show 29 more citing cases
- In re The Sunshine Grp., LLC (B.A.P. 9th Cir. 2020).unpublishedIdaho Dep’t of Lands v. Arnold (In re Arnold), 806 F.2d 937, 939 (9th Cir. 1986).
- Leo Blas, No. 17-00411, 2019 WL 7602219 (Bankr. D. Alaska Dec. 17, 2019). Cal. 2004). 37 Marsch, 36 F.3d at 828 (quoting State of Idaho, Dept. of Lands v. Arnold (In re Arnold), 806 F.2d 937, 939 (9th Cir. 1986)); see also Can-Alta Properties, 87 B.R. at 91 (quoting Little Creek Development Co. v. Commonwealth M…
- In re Mark Kevin Hanna & Jennifer McWilliams-hanna, No. EW-17-1238-BJF (B.A.P. 9th Cir. Apr. 13, 2018).unpublishedIn re Marshall, 721 F.3d at 1048 ; In re Marsch, 36 F.3d at 13 828; In re Arnold, 806 F.2d at 939. 14 Mr. Margitan argues that filing a chapter 11 petition as a 15 substitute for a supersedeas bond is in itself a basis for a 16 finding of…
- In re Enrique v. Greenberg, No. SC-16-1350-BJuF (B.A.P. 9th Cir. Aug. 31, 2017).unpublishedPut another way, the good faith standard requires the 3 bankruptcy court to ascertain "whether [the] debtor is attempting 4 to unreasonably deter and harass creditors or attempting to effect 5 a speedy, efficient reorganization on a feasib…
- In re Premier Golf Props., LP, 564 B.R. 710 (Bankr. S.D. Cal. 2016).publishedThe bankruptcy court should examine the debtor’s financial status, motives, and the local economic environment.”) (citing In re Arnold, 806 F.2d 937, 939 (9th Cir. 1986)).
- Vuksich v. Imaging3, Inc. (In Re Imaging3, Inc.), 634 F. App'x 172 (9th Cir. 2015).unpublished“clear abuse of the bankruptcy process”
- In re Prometheus Health Imaging, Inc., No. CC-14-1576-FKiKu, 2015 WL 6719804 (B.A.P. 9th Cir. Nov. 2, 2015).unpublished However, 25 in the OSC which precipitated the hearing, the court said that it 26 would consider whether the “bankruptcy case should be dismissed 27 as a bad faith filing . . . .” Further, the court commented at 28 the hearing that “this wh…
- Sullivan v. Harnisch (In Re Sullivan), 522 B.R. 604 (B.A.P. 9th Cir. 2014).published Relying on the legal standard identified by the Ninth Circuit in Idaho Dep’t of Lands v. Arnold (In re Arnold), 806 F.2d 937, 939 (9th Cir.1986), 7 and citing In re Marshall, 298 B.R. 670, 680-81 (Bankr.C.D.Cal.2003), Debtor argued that th…
- In re Joseph William Sullivan, No. CC-14-1225-TaDKi (B.A.P. 9th Cir. Dec. 9, 2014).unpublished Debtor described himself as a 57-year-old 7 resident of Seal Beach, California, employed as an investment 8 executive at a salary of $200,000 per annum. 9 Relying on the legal standard identified by the Ninth 10 Circuit in In re Arnold, 80…
- In re Mense, 509 B.R. 269 (Bankr. C.D. Cal. 2014).published(The debtor’s lack of good faith in filing a bankruptcy petition has often been used as cause for removing the automatic stay.)
- In re SR Real Est. Holdings, LLC, 506 B.R. 121 (Bankr. S.D. Cal. 2014).publishedId.” In re Arnold, 806 F.2d 937, 939 (9th Cir.1986).
- In re Michael Wood (B.A.P. 9th Cir. 2011).unpublished“The existence of good 20 faith depends on an amalgam of factors and not upon a specific 21 fact.” Id. (quoting In re Arnold, 806 F.2d 937, 939 (9th Cir. 22 1986))(quotation marks omitted).
- In re Young, 409 B.R. 508 (Bankr. D. Idaho 2009).published(Good faith is lacking only when the debtor’s actions are a clear abuse of the bankruptcy process.)
- In re Detienne Assocs. Ltd. P'ship, 342 B.R. 318 (Bankr. D. Mont. 2006).publishedIn In re Arnold, 806 F.2d 937 (9th Cir.1986) the court wrote: The existence of good faith depends on an amalgam of factors and not upon a specific fact. [Citing Little Creek] The bankruptcy court should examine the debtor’s financial statu…
- Truebro, Inc. v. Plumberex Specialty Prods., Inc. (In Re Plumberex Specialty Prods., Inc.), 311 B.R. 551 (Bankr. C.D. Cal. 2004).publishedArnold, 806 F.2d at 939.
- In re Marshall, 298 B.R. 670 (Bankr. C.D. Cal. 2003).published “Good faith is lacking only when the debtor’s actions are a clear *681 abuse of the bankruptcy process”
- In re Erkins, 253 B.R. 470 (Bankr. D. Idaho 2000).published“The test is whether a debtor is attempting to unreasonably deter and harass creditors or attempting to effect a speedy, efficient reorganization on a feasible basis.” In re Marsch, 36 F.3d at 828 (citing In re Arnold, 806 F.2d at 939).
- United Enter., Ltd. v. ACI Sunbow, LLC (In Re ACI Sunbow, LLC), 206 B.R. 213 (Bankr. S.D. Cal. 1997).publishedIn In re Arnold, 806 F.2d 937 (9th Cir.1986) the court wrote: The existence of good faith depends on an amalgam of factors and not upon a specific fact. [Citing Little Creek] The bankruptcy court should examine the debt- or’s financial sta…
- Duvar Apt., Inc. v. Fed. Deposit Ins. (In Re Duvar Apt., Inc.), 205 B.R. 196 (B.A.P. 9th Cir. 1996).published In re Marsch, 36 F.3d 825, 828 (9th Cir.1994) (quoting Arnold, 806 F.2d at 939).
- Benedor Corp. v. Conejo Enter., Inc. (In re Conejo Enter., Inc.), 96 F.3d 346 (9th Cir. 1996).published In re Arnold, 806 F.2d 937, 938 (9th Cir.1986); In re MacDonald, 755 F.2d 715 , 716 (9th Cir.1985).
- In re S & S/moab Enter. Debtor. Fryer/mcelhaney Jt. Venture, Movant-Appellee v. S & S/moab Enter., 83 F.3d 428 (9th Cir. 1996).unpublishedThe "new debtor syndrome," in which a one-asset entity has been created or revitalized on the eve of foreclosure to isolate the insolvent property and its creditors, exemplifies, although it does not uniquely categorize, bad faith cases. 1…
- St. Paul Self Storage Ltd. P'ship v. Port Auth. of St. Paul (In Re St. Paul Self Storage Ltd. P'ship), 185 B.R. 580 (B.A.P. 9th Cir. 1995).publishedIn re Marsch, 36 F.3d at 828 ; State of Idaho, Dept. of Lands v. Arnold (In re Arnold), 806 F.2d 937, 939 (9th Cir.1986).
- In re Carol Freeman Marsch, Debtor (Two Cases). John D. Marsch, Claimant-Appellant v. Carol F. Marsch, (Two Cases), 36 F.3d 825 (9th Cir. 1994).published“The existence of good faith depends on an amalgam of factors and not upon a specific fact.” In re Arnold, 806 F.2d 937, 939 (9th Cir.1986).
- In re Ardas Yanik, Debtor. Julian Ayrs v. Chapter 7 Tr., 8 F.3d 34 (9th Cir. 1993).unpublished Ewell v. Diebert (In re Ewell), 958 F.2d 276, 279 (9th Cir.1992). 8 Under the Bankruptcy Code, a debtor who files a petition for bankruptcy is protected by an automatic stay provision, which prevents creditors from collecting on their clai…
- In re Missouri Flats Assocs., 86 B.R. 634 (Bankr. E.D. Cal. 1988).publishedAlthough the courts generally consider a laundry list of factors to determine whether to lift the stay for lack of a good faith filing (In re Yukon Enterprises, 39 B.R. at 921 ; In re Thirtieth Place, 30 B.R. at 505-506 ), there is a gener…
- Watson v. City Nat'l Bank (In Re Watson), 78 B.R. 232 (B.A.P. 9th Cir. 1987).publishedIf a creditor perceives that continued imposition of the automatic stay as to its actions would work a hardship and result in an inequity, it may seek relief from the stay in the bankruptcy court. 11 U.SC. § 362(d); In re Arnold, 806 F.2d…
- Consulting Actuarial Partners v. Descap Plan., Inc. (In Re Consulting Actuarial Partners, Ltd. P'ship), 72 B.R. 821 (Bankr. S.D.N.Y. 1987).publishedState of Idaho Dept. of Lands v. Arnold (In re Arnold), 806 F.2d 937, 939 (9th Cir.1986); Little Creek Development Co. v. Commonwealth Mortgage Corp. (In re Little Creek Development Co.), 779 F.2d 1068, 1071-73 (5th Cir.1986) (The debtor f…
- Can-Alta Props., Ltd. v. State Sav. Mortg. Co. (In Re Can-Alta Props., Ltd.), 87 B.R. 89 (B.A.P. 9th Cir. 1988).published See In re Arnold, 806 F.2d 937 , 939 (9th Cir.1986).
- In re Harvey, 101 B.R. 250 (Bankr. D. Nev. 1989).published
806 F.2d at 938 cited at this page2 citing cases
- In re Roger, 539 B.R. 837 (C.D. Cal. 2015).published“The decision to grant or deny relief from the automatic stay is committed to the sound discretion of the bankruptcy court, and [appellate courts] review such decision under the abuse of discretion standard.” Conejo, 96 F.3d at 351 (citing…
- Benedor Corp. v. Conejo Enter., Inc. (In re Conejo Enter., Inc.), 96 F.3d 346 (9th Cir. 1996).published In re Arnold, 806 F.2d 937, 938 (9th Cir.1986); In re MacDonald, 755 F.2d 715 , 716 (9th Cir.1985).
At page 939 “good faith is lacking only when the debtor's actions are a clear abuse of the bankruptcy process.”0 citing cases
Other citing cases
- In re SM 104 Ltd., 160 B.R. 202 (Bankr. S.D. Fla. 1993).published
- In re Powers, 135 B.R. 980 (Bankr. C.D. Cal. 1991).published
- In re 222 Liberty Assocs., 108 B.R. 971 (Bankr. E.D. Pa. 1990).published
- In re Walter, 108 B.R. 244 (Bankr. C.D. Cal. 1989).published
- In re Mitchell, 357 B.R. 142 (Bankr. C.D. Cal. 2006).published
- Crawford Corp. v. W. Hamilton Crawford, 836 F.2d 549 (6th Cir. 1987).unpublished
v.
Bruce J. ARNOLD & Nancy Arnold, husband and wife Dennie K. Arnold & Janet Arnold, husband and wife
This case concerns a bankruptcy dispute in which the creditor asked the district court to lift an automatic stay in order that it may execute its security interest. The district court granted this request. We now reverse.
FACTS
In November 1982, the Idaho Department of Lands sold three parcels of public property to several buyers. The buyers paid ten percent down and executed land contracts for payment of the balance. Idaho retained title.
These buyers later assigned their interests in the parcels to the debtors in possession, the Arnolds. Soon after acquiring the land, the Arnolds encountered financial difficulties and, like the original buyers, failed to make payments on the purchase contracts. In January 1984, the Arnolds filed a Chapter 11 petition in bankruptcy.
They have continued to farm the parcels while negotiating with their creditors a reorganization of the bankruptcy estate’s assets. They proposed to their creditors a reorganization plan that included payment of $280,000 for the land. Idaho dissented, claiming that, because these parcels were public school endowment lands, state and federal law required that it receive the contract purchase price of $310,000. Idaho unsuccessfully moved the bankruptcy court to remove the automatic bankruptcy stay that prevented foreclosure. Idaho appealed this denial to the district court, where it obtained relief. The Arnolds now appeal the district court’s removal of the automatic stay.
DISCUSSION
Standard of Review
We review this appeal under the same standard as that used by the district court: abuse of discretion by the bankruptcy judge. MacDonald v. MacDonald, 755 F.2d 715, 716 (9th Cir.1985).
[*939] The Automatic Stay
Under the Bankruptcy Code, when a debtor files his petition for bankruptcy, he receives the benefit of an automatic stay that is imposed on his creditors, 11 U.S.C. § 362(a) (1982), preventing them from proceeding to collect on their claims. S.Rep. No. 95-989 to accompany S. 2266, 95th Cong., 2d Sess. (1978) at 54, U.S.Code Cong. & Admin.News 1978, pp. 5787, 5840. Under Chapter 11, the stay is also intended to give the debtor time to reorganize his assets in order to rehabilitate his business. Weintraub, Bankruptcy Law Manual ¶ 8.10 at 8-19 (1980).
In certain cases, however, the stay may work an inequity on creditors. If so, the creditor may obtain relief from the stay under 11 U.S.C. § 362(d) (1982). Such relief is granted (1) for cause, including lack of adequate protection of a creditor’s security interest in collateral; or (2) when the debtor has no equity in the collateral and the collateral will not help the debtor to reorganize effectively or rehabilitate his business. 11 U.S.C. § 362(d)(1), (2). The debtor’s lack of good faith in filing a bankruptcy petition has often been used as cause for removing the automatic stay. See, e.g., In re Kemble, 776 F.2d 802, 807 (9th Cir.1985) (debtor’s dilatory behavior a proper consideration in lifting stay); Matter of Littlecreek Development Co., 779 F.2d 1068, 1071 (5th Cir.1986) (lack of good faith constitutes “cause” for lifting stay).
The existence of good faith depends on an amalgam of factors and not upon a specific fact. Matter of Littlecreek Development Co., 779 F.2d at 1072. The bankruptcy court should examine the debtor’s financial status, motives, and the local economic environment. Id. Said a Ninth Circuit bankruptcy panel:
If it is obvious that a debtor is attempting unreasonably to deter and harass creditors in their bona fide efforts to realize upon their securities, good faith does not exist. But if it is apparent that the purpose is not to delay or defeat creditors but rather to put an end to long delays, administration expenses ... to mortgage foreclosures, and to invoke the operation of the [bankruptcy law] in the spirit indicated by Congress in the legislation, namely, to attempt to effect a speedy efficient reorganization, on a feasible basis ... good faith cannot be denied.
In re Thirtieth Place, Inc., 30 B.R. 503, 505 (Bankr.App. 9th Cir.1983) (quoting In re Loeb Apartments, Inc., 89 F.2d 461, 463 (7th Cir.1937)).
Good faith is lacking only when the debt- or’s actions are a clear abuse of the bankruptcy process. See id. Here, there is no abuse of the bankruptcy process. The Ar-nolds have used the land productively to repay creditors while the stay is in place. There is no showing of bad faith.
Notwithstanding the district court’s order, Idaho argues that cause for removing the stay exists on other grounds. It says that the parcels are public school endowment lands and, as such, are specially protected by state and federal laws requiring the parcels be sold only under certain conditions. These require that the deed to these parcels be conveyed only after the original purchase price has been fully paid.
This argument is specious. The statutes cited by Idaho do not proscribe changing the terms of payment for public school endowment lands. Moreover, the Idaho statutes do not mention federal bankruptcy laws and could not, under the supremacy clause, override them, U.S. Const, art. VI, cl. 2. The stay should not be lifted.
The Reorganization Plan
The district court expressed dissatisfaction with the reorganization plan, which was confirmed by the bankruptcy court, because it provided Idaho with far less than the original purchase price of the land.
The requirements for confirming a reorganization plan are specified by 11 U.S.C. § 1129 (1982). This section provides, inter alia, the following: First, each claim-holder must approve the plan, or in lieu thereof,[*940] each must receive no less than the amount he would receive under Chapter 7 of the Bankruptcy Code.[1] 11 U.S.C. § 1129(a)(7)(A)(i), (ii). Second, each impaired claim-holder must approve the plan, see 11 U.S.C. § 1129(a)(8), or in lieu thereof, the plan must not discriminate unfairly with regard to dissenting impaired claim-holders. See 11 U.S.C. § 1129(b)(1).
If the plan treats the claims of dissenting impaired claim-holders fairly and equitably, it may be confirmed notwithstanding the impaired claim-holder’s refusal to accept the plan. See 11 U.S.C. § 1129(b)(1), (2). This is indelicately known as the “cram-down” provision.[2]
The “cram-down” provides three ways in which this “fair and equitable” standard may be met with regard to secured claim-holders. Among these is the provision that secured claim-holders retain their liens on the debtor’s property and receive for their claims deferred cash payments totaling no less than the value of their liens. 11 U.S.C. § 1129(b)(2)(A)(i).[3]
Here, the value of Idaho’s liens was $280,000, the current appraised values of the parcels. This is the amount to which Idaho is entitled under the “cram-down.” Although this is far less than the original purchase price, the Bankruptcy Code allows it.
CONCLUSION
The Arnolds have complied with the requirements of Chapter 11 of the Bankruptcy Code, and there is no basis in the record for removing the automatic stay. The district court erred in doing so.
REVERSED.
Chapter 7 provides for complete liquidation of the debtor’s assets. Therefore, under 11 U.S.C. § 1129(a)(7)(A)(ii), a secured creditor is entitled to at least the liquidation value of his security interest as of the effective date of the reorganization plan.
Even under the "cram-down,” however, at least one class of impaired claim-holders must accept the plan. 11 U.S.C. § 1129(a)(10). This requirement has been met here.
The election under 11 U.S.C. § 1111(b) does not apply in this case.