Legal Opinion
Gremillion v. HealthEdge Investment Fund, L.P. (In re Gremillion)
United States Bankruptcy Court, E.D. Louisiana
Decided March 3, 2016No. CASE NO. 15-13063; ADVERSARY NO. 15-1080PublishedCited by 2 opinions
1Opinion of the Court
REASONS FOR DECISION
Hon. Elizabeth W. Magner, U.S. Bankruptcy Judge
On November 24, 2015, Paul Gremillion, Sr. (“Debtor”) filed a voluntary petition seeking bankruptcy relief under Chapter 11 of the United States Bankruptcy Code. HealthEdge Investment Fund, L.P., Concentric Equity Partners II, L.P. and He-Iom Affiliates, LLC (collectively, “Heal-thEdge”) filed a Motion to Dismiss, charging that Debtor’s filing was in bad faith.
On motion, 11 U.S.C. § 1112(b) authorizes a bankruptcy court to dismiss a bankruptcy petition for lack of good faith.1 In determining whether a petition was filed in bad…
2Cases cited15 opinions
- 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
- 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
- Sholdra v. Chilmark Financial LLP (In Re Sholdra)Court of Appeals for the Fifth Circuit · 2001
- In the Matter of Jack E. Pratt, Jr., Deceased, Debtor. Cadle Company v. Jack E. Pratt, Jr.Court of Appeals for the Fifth Circuit · 2005
- Bankr. L. Rep. P 74,995 in Re Lawrence S. Charfoos, Debtor. Michigan National Bank v. Lawrence S. CharfoosCourt of Appeals for the Sixth Circuit · 1992
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3Cited by2 opinions
- In re GuitterrezUnited States Bankruptcy Court, E.D. Louisiana · 2018
- S-Tek 1, LLCUnited States Bankruptcy Court, D. New Mexico · 2021