§ 42.06 BAD FAITH AND ABUSIVE FILINGS
Although there is no provision in the Bankruptcy Code requiring a case be filed in good faith, good faith is a required element of plan confirmation in the restructuring chapters. See 11 U.S.C. §§ 1129(a)(3), 1225(a)(3), 1325(a)(3). Because good faith is required for confirmation of a plan, a restructuring filed in bad faith will be dismissed because a plan would be patently unconfirmable.
Even if bad faith in a Chapter 7 case does not necessarily dictate that a case should be dismissed, it is a factor...
