Bal Harbour Club, Inc. v. AVA Development, Inc. (In Re Bal Harbour Club, Inc.)

TJOFLAT, Circuit Judge:

In this case, the bankruptcy court dismissed the debtor’s Chapter 11 bankruptcy case for cause, pursuant to 11 U.S.C. § 1112(b), concluding that the debtor, in commencing the Chapter 11 proceeding, had abused the bankruptcy process. The district court affirmed on appeal, concluding that the bankruptcy court committed no error in its application of section 1112(b) to the facts before it. The debtor now appeals, contending that the bankruptcy court (and therefore the district court on appeal) failed to afford its decision the benefit of “the business judgment rule” in…