In a case involving Cohen Seglias Pallas Greenhall & Furman’s attempts with other creditors to bring a debtor into bankruptcy, the Third Circuit has ruled involuntary bankruptcy petitions can be dismissed for bad faith.
No one disputed in In re Forever Green Athletic Fields that Cohen Seglias and additional creditors Charles and Kelli Dawson met the statutory requirements for creditors to initiate involuntary bankruptcy proceedings, but the question was whether Charles Dawson was doing so in bad faith to influence separate litigation he had with debtor Forever Green and its founder, Keith Day.
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