GCK On Law

Enforceability of Prepetition Waivers of the Automatic Stay

Courts have been split on whether a pre-petition agreement whereby the debtor agrees to waive the protection of the automatic stay under Section 362 of the Bankruptcy Code (“Code”) is enforceable.  There are two general approaches: some courts have found that...

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Dismissal under Section 1112(b) for Bad Faith Filing

Pursuant to Section 1112(b) of the Bankruptcy Code, a chapter 11 petition may be dismissed for cause if it appears that the petition was not filed in good faith. Marsch v. Marsch (In re Marsch), 36 F.3d 825, 828 (9th Cir.1994).  A chapter 11 petition is not filed in...

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