United States Fourth Circuit

Dismissal of Chapter 11 bankruptcy petition seeking to invoke the automatic stay and other bankruptcy code protections in order to forestall eviction is affirmed as petitioner had filed the petition: 1) in bad faith, solely to prevent the State from evicting the debtor from the State's property; and 2) as a means to the end of tying up the State in endless, fruitless litigation.

Appellate Information

• Argued 03/14/2007
• Decided 06/15/2007
• Published 06/15/2007

Judges

• Before WILKINSON, GREGORY, and DUNCAN, Circuit Judges.

Court

• United States Fourth Circuit

Counsel

• For Appellees:
  
• ARGUED:  Charles Samuel Fax, Rifkin, Livingston, Levitan & Silver, L.L.C., Greenbelt, Maryland, for Appellant.  Philip P. Whaling, Office of the Attorney General, Maryland Port Authority, Baltimore, Maryland, for Appellees.   ON BRIEF:  Douglas F. Gansler, Attorney General of Maryland, Baltimore, Maryland, for Appellees.