Marciano v. Fahs (In Re Marciano)

MARKELL, Bankruptcy Judge,

dissenting.

I respectfully dissent. I believe the majority incorrectly applies or adopts the law on at least two points. Initially, I think it is incorrect and bad policy to adopt a “per se” rule regarding undisputed claims. Next, I believe the majority opinion improperly and incorrectly limits good faith principles with respect to the commencement and conduct of involuntary cases.

Adoption of the “Per Se” Rule as to Disputed Claims

The majority adopts a per se rule that an unstayed state court judgment conclusively determines that there is no bona fide dispute as to…