Legal Opinion

15375 Memorial Corp. v. BEPCO, L.P.

Court of Appeals for the Third Circuit

Decided December 22, 2009No. Nos. 09-1391, 09-1432, 09-1608PublishedCited by 55 opinions

1Opinion of the Court

OPINION

SMITH, Circuit Judge.

This appeal asks us to determine whether Chapter 11 bankruptcy petitions filed by Santa Fe Minerals, Inc. and 15375 Memorial Corporation (together, the “Debtors”) were filed in good faith. There *609is ample evidence to support the finding of the District Court that the Debtors’ bankruptcy petitions served no valid bankruptcy purpose and were used primarily as a litigation tactic to protect the Debtors and their parent companies from liability in pending litigations. Thus, we will affirm the District Court’s order dismissing the bankruptcy petitions for lack of good…

2Cases cited22 opinions

  1. Universal Minerals, Inc. v. C. A. Hughes & Co.Court of Appeals for the Third Circuit · 1981
  2. 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
  3. Toibb v. RadloffSupreme Court of the United States · 1991
  4. Rode v. DellarcipreteCourt of Appeals for the Third Circuit · 1990
  5. Bank of America National Trust & Savings Ass'n v. 203 North LaSalle Street PartnershipSupreme Court of the United States · 1999

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

3Cited by55 opinions

  1. Gerald Howell v. Superintendent Albion SCICourt of Appeals for the Third Circuit · 2020
  2. In Re South Beach Securities, Inc.Court of Appeals for the Seventh Circuit · 2010
  3. In Re jer/jameson Mezz Borrower II, LLCUnited States Bankruptcy Court, D. Delaware · 2011
  4. United States Trustee v. Stone Fox Capital LLC (In re Stone Fox Capital LLC)United States Bankruptcy Court, W.D. Pennsylvania · 2017
  5. In re Northshore Mainland Services, Inc.United States Bankruptcy Court, D. Delaware · 2015

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

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