United States Eighth Circuit

Where bankruptcy court makes a factual determination that motivation for bankruptcy petition was to dispose of shareholder lawsuit, and the finding is not clearly erroneous, Chapter 11 petition may be dismissed solely on bad faith grounds.

Appellate Information

• Decided 12/13/2000
• Published 12/13/2000

Judges

• MURPHY, Circuit Judge., Before:  HANSEN, MURPHY, and BYE, Circuit Judges.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• William J. Fisher, argued, Minneapolis, MN (Clair R. Gerry, Sioux Falls, SD, on the brief), for appellant.


• For Appellees:
  
• Michael P. Reynolds, argued, Rapid City, SD (John M. Wilka, James A Craig, on the brief), for appellee.