Legal Opinion
NMSBPCSLDHB, L.P. v. Integrated Telecom Express, Inc.
Court of Appeals for the Third Circuit
Decided September 20, 2004No. 04-2411PublishedCited by 1 opinion
1Opinion of the Court
*112OPINION
SMITH, Circuit Judge.
This appeal tests the limits of the good faith requirement applicable to petitions filed under Chapter 11 of the Bankruptcy-Code. Appellant NMSBPCSLDHB, L.P. (the “Landlord”) appeals from an order of the District Court affirming the Bankruptcy Court’s denial of its motion to dismiss for lack of good faith. The Landlord contends that the Debtor, Integrated Telecom Express, Inc. (“Integrated”), was never in financial distress and that the petition in this case was instead filed to frustrate the Landlord’s claims and to increase the distribution of the Debtor’s estate…
2Cases cited27 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
- Toibb v. RadloffSupreme Court of the United States · 1991
- Bank of America National Trust & Savings Ass'n v. 203 North LaSalle Street PartnershipSupreme Court of the United States · 1999
- In the Matter of JAMES WILSON ASSOCIATES, Debtor. Appeals of METROPOLITAN LIFE INSURANCE COMPANYCourt of Appeals for the Seventh Circuit · 1992
- Carolin Corporation v. Robert J. Miller, Jr.Court of Appeals for the Fourth Circuit · 1989
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