5th Circ. Affirms Toss Of Tech Co.’s Bad-Faith Ch. 11

Law360, New York (June 27, 2011, 5:42 PM EDT) -- The Fifth Circuit affirmed Friday the dismissal of Antelope Technologies Inc.’s Chapter 11 petition, ruling that a bankruptcy court made no mistake in finding that the company filed for protection to improperly help its position in shareholder litigation.

Upholding the findings of a Texas bankruptcy court and district court, a three-judge panel for the Fifth Circuit shot down arguments by the personal computer technology company that there was insufficient evidence it filed the plan in bad faith and that the plan was too far consummated to...
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