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Article: Solvent Debtors and Good Faith
- Article from:
- American Bankruptcy Institute Journal
- Article date:
- March 1, 2005
- Author:
CopyrightCopyright American Bankruptcy Institute Mar 2005. Provided by ProQuest LLC. (Hide copyright information)
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Last year, the Third Circuit Court of Appeals in the case of In re Integrated Telecom Express Inc., 384 F.3d 108 (3d. Cir. 2004), reinvigorated the debate on whether a bankruptcy petition filed by a solvent debtor can be dismissed because it is not filed in good faith.1 Indeed, as a result of these decisions, one columnist posed the question of "when can a solvent debtor file in 'good faith?'" Keach, "Solvent Debtors and Myths of Good Faith and Fiduciary Duty," 23 ABIJoumal 36 (January 2005). In a decision from early 2005 that was unpublished as of the deadline for submitting this article, the court from the Northern District of Texas provides some answers. see In re Mirant Corp., et. al, ...