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Wilmington Plantation Owners Assn v. Foster (In re Foster)

Wilmington Plantation Owners Assn v. Foster (In re Foster)

Ruling
Case filed to gain tactical advantage in litigation dismissed as not filed in good faith.
Procedural posture

A homeowners' association and individual homeowners filed a motion to dismiss a debtor's case for cause pursuant to 11 U.S.C.S. § 1112(b)(1) on the grounds that the petition was not filed in good faith. The debtor, an unsecured creditor, and two secured creditors opposed the motion.

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Consumer opinion summary, case decided on June 17, 2011 , LexisNexis #0911-061