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In Culligan Ltd., the U.S. Bankruptcy Court for the Southern District of New York (the ‘Bankruptcy Court') held that bad faith is not a bar to recognition of a foreign proceeding under chapter 13...
Despite the absence of any explicit directive in the Bankruptcy Code, it is well understood that a bankruptcy court can dismiss a chapter 11 case if it not filed in good faith.
One year ago, we wrote that, unlike in 2019, when the large business bankruptcy landscape was generally shaped by economic, market, and leverage factors, the COVID-19 pandemic dominated...
Despite the absence of any explicit directive in the Bankruptcy Code, it is well understood that a debtor must file a chapter 11 petition in good faith. The bankruptcy court can dismiss...