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Legal Opinion

Carolin Corporation v. Robert J. Miller, Jr.

Court of Appeals for the Fourth Circuit

Decided September 28, 1989No. 19-1750PublishedCited by 229 opinions

1Opinion of the Court

PHILLIPS, Circuit Judge:

This appeal requires us first to decide whether and, if so, by what standard, a bankruptcy court may dismiss a voluntary Chapter 11 bankruptcy petition at the very outset because it was not filed “in good faith.” It then requires us to decide whether the petition here in issue was properly dismissed for that reason.

On the first issue we hold that a bankruptcy court may dismiss such a petition for want of good faith in its filing, but only with great caution and upon supportable findings both of the objective futility of any possible reorganization and the subjective…

2Cases cited20 opinions

  1. Albany Partners, Ltd. v. Westbrook (In Re Albany Partners, Ltd.)Court of Appeals for the Eleventh Circuit · 1984
  2. In the Matter of Little Creek Development Company, Debtor. Little Creek Development Co. v. Commonwealth Mortgage Corp.Court of Appeals for the Fifth Circuit · 1986
  3. In Re Victory Const. Co., Inc.United States Bankruptcy Court, C.D. California · 1981
  4. In the Matter of Winshall Settlor's Trust, Julie Winshall, Trustee, Debtor-AppellantCourt of Appeals for the Sixth Circuit · 1985
  5. Bankr. L. Rep. P 71,956 in Re Natural Land Corporation, Debtor. Natural Land Corporation v. Baker Farms, Inc.Court of Appeals for the Eleventh Circuit · 1987

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3Cited by229 opinions

  1. In the Matter of Robert John Love, Debtor-AppellantCourt of Appeals for the Seventh Circuit · 1992
  2. In the Matter of JAMES WILSON ASSOCIATES, Debtor. Appeals of METROPOLITAN LIFE INSURANCE COMPANYCourt of Appeals for the Seventh Circuit · 1992
  3. In the Matter of Cohoes Industrial Terminal, Inc., Debtor. Leon C. Baker, Cross-Appellee v. Latham Sparrowbush Associates, Cross-AppellantCourt of Appeals for the Second Circuit · 1991
  4. In Re Laguna Associates Limited Partnership, Debtor. Laguna Associates Limited Partnership v. Aetna Casualty & Surety CompanyCourt of Appeals for the Sixth Circuit · 1994
  5. In Re: Sgl Carbon Corporation, Debtor Official Committee of Unsecured Creditors, at No. 99-5319 v. Nucor Corporation Nucor-Yamato Steel Company, at No. 99-5382Court of Appeals for the Third Circuit · 1999

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