United States Third Circuit

Denial of appellant's motion to dismiss the voluntary joint bankruptcy petition filed by Chapter 7 debtors under 11 U.S.C. section 707(a), on the ground that the debtors had filed the petition in bad faith, is affirmed where the facts and circumstances of this case do not support a finding of bad faith.

Appellate Information

• Argued 04/12/2007
• Decided 08/03/2007
• Published 08/03/2007

Judges

• BEFORE: SMITH and COWEN, Circuit Judges and YOHN , District Judge.

Court

• United States Third Circuit

Counsel

• For Appellant:
  
• Simon Kimmelman, Esq. (Argued), Sterns & Weinroth, Trenton, NJ, Counsel for Appellant Hitachi Capital America Corp., Isaac J. Lidsky, Esq. (Argued), United States Department of Justice, Civil Division, Washington, DC, Counsel for Amicus-Appellant United States Trustee.


• For Appellees:
  
• Paul J. Winterhalter, Esq. (Argued), Philadelphia, PA, Counsel for Appellees Steven Jeffrey Perlin and Cristine Ann Perlin.