United States First Circuit

In a suit attempting to prevent a lessee from reorganizing under Chapter 11 and reopening as a food market on the landlord's property, denial of a motion to dismiss the Chapter 11 petition is affirmed where appellant made no prima facie showing that appellee submitted its chapter 11 petition in bad faith.

Appellate Information

• Decided 06/06/2007
• Published 06/06/2007

Judges

• CYR, Senior Circuit Judge., Before BOUDIN, Chief Judge, CYR and STAHL, Senior Circuit Judges.

Court

• United States First Circuit

Counsel

• For Appellant:
  
• John C. La Liberte, with whom Pamela Zorn Adams and Sherin and Lodgen LLP, were on brief, for appellant.


• For Appellees:
  
• Andrew M. Osborne, with whom David J. Fonte and Osborne & Fonte, were on brief, for appellee.