In the Matter of Cohoes Industrial Terminal, Inc., Debtor. Leon C. Baker, Cross-Appellee v. Latham Sparrowbush Associates, Cross-Appellant

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that a single asset real estate case had not been brought in bad faith, even though filed to prevent foreclosure
• “Filing a bankruptcy petition with the intent to frustrate creditors does by itself establish an absence of intent to seek rehabilitation.”
• noting high standard to be met for a motion of this character, and noting the availability of the preliminary step, by the Bankruptcy Court, of dismissal for bad faith filing
• stating, without explanation, that bankruptcy court may impose § 1927 sanctions
• party that never moved to dismiss frivolous chapter 11 petition is estopped from seeking sanctions on account of a bad faith filing
• \[A] court may not ordinarily consider a Chapter 11 bankruptcy petition to be frivolously filed if the court itself previously rejected a motion to dismiss the petition.\

Source: CourtListener parenthetical corpus (CC0).