Legal Opinion

In Re Forever Green Athletic Fields, Inc.

Court of Appeals for the Third Circuit

Decided October 16, 2015No. 14-3906PublishedCited by 51 opinions

1Opinion of the Court

OPINION OF THE COURT

FUENTES, Circuit Judge.

Creditors who file an involuntary bankruptcy petition against a debtor must satisfy several statutory requirements before obtaining relief. See 11 U.S.C. § 303. Everyone agrees the creditors who filed the petition in this case met those requirements. The question is whether their petition may nonetheless be dismissed as a bad-faith filing. We hold that bad faith provides an independent basis for dismissing an involuntary petition. For the following reasons, we will affirm.

I

The parties are familiar foes. Founded by Keith Day, Forever Green Athletic…

2Cases cited29 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 Re Margaret J. Myers, Debtor. Margaret J. MyersCourt of Appeals for the Third Circuit · 2007
In Re Dsc, Ltd., a Michigan Corporation, Debtor. Riverview Trenton Railroad Company Crown Enterprises, Inc. v. Dsc, Ltd., a Michigan CorporationCourt of Appeals for the Sixth Circuit · 2007
In Re Ernest R. Lilley, Jr., Debtor. Ernest R. Lilley, Jr.Court of Appeals for the Third Circuit · 1996
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

24 more not listed; retrieve them via the Exa API.

3Cited by51 opinions

Wilk Auslander LLP v. Murray (In Re Murray)Court of Appeals for the Second Circuit · 2018
United States ex rel Kurt Bunk v. Gosselin World Wide MovingCourt of Appeals for the Fourth Circuit · 2013
In re Anmuth Holdings LLCUnited States Bankruptcy Court, E.D. New York · 2019
In re Acis Capital Mgmt., L.P.United States Bankruptcy Court, N.D. Texas · 2018
In re Gen. Aeronautics Corp.United States Bankruptcy Court, D. Utah · 2018

46 more not listed; retrieve them via the Exa API.