A Cautionary Tale For Involuntary Bankruptcy Petitioners [Law360]

Barry Klayman, a member of Cozen O’Connor’s Bankruptcy, Insolvency & Restructuring Practice Group, discusses the recent decision by the U.S. Court of Appeals for the Third Circuit in In re: Forever Green Athletic Fields Inc., which held that an involuntary bankruptcy petition filed under 11 U.S.C. § 303 may be dismissed for bad faith. The decision places another hurdle for creditors to surmount when considering whether to put a debtor in bankruptcy and creates another means for debtors to oppose such filings.

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Barry M. Klayman



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