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Left to right: Andrew Kassner and Joseph Argentina of Drinker Biddle & Reath. Left to right: Andrew Kassner and Joseph Argentina of Drinker Biddle & Reath.

It is interesting for one who has practiced bankruptcy law for 35 years to observe that many issues adjudicated in 1983 continue to require judicial review in 2018. One is the interpretation of the requirement of good faith in bankruptcy cases. Recently, we reported on the requirement of good faith in commencing a bankruptcy case in a decision issued by Judge Laurie Selber Silverstein of the U.S. Bankruptcy Court for the District of Delaware in In re Rent-A-Wreck. In that case, the court examined an issue that has been the subject of dozens of decisions for decades: whether a bankruptcy case should be dismissed for lack of good faith when filed to gain a tactical litigation advantage in a two-party dispute.

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