Legal Opinion
In Re Victoria Ltd. Partnership
United States Bankruptcy Court, D. Massachusetts
Decided October 5, 1995No. 10-17991PublishedCited by 15 opinions
1Opinion of the Court
OPINION
JAMES F. QUEENAN, Jr., Bankruptcy Judge.
Contending that this single asset real estate case has been filed in bad faith, Citizens Bank of Massachusetts (the “Bank”) moves for dismissal, abstention or relief from automatic stay. I deny the motion and reject the good faith filing doctrine created by courts under the Code. Good faith, like apple pie, is difficult to oppose. The good faith of this doctrine, however, has nothing to do with honesty. When its true content is revealed, the doctrine is exposed in conflict with the Bankruptcy Code, its legislative history, Supreme Court…
2Cases cited35 opinions
- Albany Partners, Ltd. v. Westbrook (In Re Albany Partners, Ltd.)Court of Appeals for the Eleventh Circuit · 1984
- 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
- Toibb v. RadloffSupreme Court of the United States · 1991
- In Re Victory Const. Co., Inc.United States Bankruptcy Court, C.D. California · 1981
- In the Matter of Winshall Settlor's Trust, Julie Winshall, Trustee, Debtor-AppellantCourt of Appeals for the Sixth Circuit · 1985
30 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- In Re PPI Enterprises (U.S.), Inc.United States Bankruptcy Court, D. Delaware · 1998
- In re Costa Bonita Beach Resort Inc.United States Bankruptcy Court, D. Puerto Rico · 2012
- Fields Station LLC v. Capitol Food Corp. (In Re Capitol Food Corp.)Court of Appeals for the First Circuit · 2007
- OneUnited Bank v. Charles Street African Methodist Episcopal ChurchDistrict Court, D. Massachusetts · 2013
- Y.J. Sons & Co. v. Anemone, Inc. (In Re Y.J. Sons & Co.)District Court, D. New Jersey · 1997
10 more not listed; retrieve them via the Exa API.