United States Third Circuit

In Chapter 11 proceedings filed by two companies involved in oil and gas explorations, district court's order dismissing the bankruptcy petitions for lack of good faith is affirmed as there is ample evidence supporting the finding of the court that the debtors' bankruptcy petitions served no valid bankruptcy purpose and were used primarily as a litigation tactic to protect debtors and their parent companies from liability in pending litigation.

Appellate Information

• Decided 12/22/2009
• Published 12/22/2009

Judges

• Before:  SLOVITER, FUENTES, and SMITH, Circuit Judges.

Court

• United States Third Circuit

Counsel

• For Appellant:
  
• John D. Demmy (Argued) Stevens & Lee, Wilmington, DE, for 15375 Memorial Corp. and Santa Fe Minerals, Inc., Gregory W. Werkheiser (Argued) Morris, Nichols, Arsht & Tunnell, Wilmington, DE, for BEPCO L.P., f/k/a Bass Enterprises Production Co., Philip G. Eisenberg (Argued) Locke Lord Bissell & Liddell, Houston, TX, Kevin J. Mangan, Francis A. Monaco, Jr., Womble, Carlyle, Sandridge & Rice, Wilmington, DE, for Global Santa Fe Corp., Global Santa Fe Corporate Services Inc., and Entities Holdings, Inc.