Prometheus Health Imaging, Inc. v. U.S. Trustee (In re Prometheus Health Imaging, Inc.)

Case Type:
Case Status:
CC-15-1422-DKuF (9th Circuit, Aug 03,2016) Not Published

Dismissal of chapter 11 case based on determination that petition had been filed in bad faith affirmed.

Procedural context:

Appeal from the bankruptcy court for the Central District of California; reviewed for abuse of discretion.


Debtor filed a chapter 11 bankruptcy case primarily in order to be able to proceed with litigation in the French Appellate Court. The bankruptcy court determined that it was not necessary for the debtor to be in bankruptcy in order to proceed with the litigation and that the debtor may have misled the French court as to the status of the bankruptcy case. The bankruptcy court further found that the debtor had not been operating since 2004 and had no funds to pay the U.S. Trustee. The bankruptcy court dismissed the case as a bad faith filing.

Dunn, Kurtz, and Faris

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