United States Third Circuit

In an involuntary bankruptcy action brought by a creditor seeking to recover a court judgment against debtor, the bankruptcy court's dismissal of the petition as a bad faith filing is affirmed where: 1) an involuntary petition filed under 11 U.S.C. section 303 may be dismissed for bad faith; 2) bad faith determinations are made under the totality of the circumstances standard; and 3) the petition cannot be cured by adding a good faith creditor once the petition has been dismissed.

Appellate Information

• Decided 10/16/2015
• Published 10/16/2015

Judges

• FUENTES

Court

• United States Third Circuit

Counsel