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PERLIN v. HITACHI CAPITAL AMERICA CORP.

No. 06-3199.

497 F.3d 364 (2007)

In re: Steven Jeffrey PERLIN; Cristine Ann Perlin, Debtors v. HITACHI CAPITAL AMERICA CORP., Appellant.

United States Court of Appeals, Third Circuit.

Filed August 3, 2007.

Attorney(s) appearing for the Case

Simon Kimmelman, Esq. (Argued), Sterns & Weinroth, Trenton, NJ, Counsel for Appellant Hitachi Capital America Corp.

Isaac J. Lidsky, Esq. (Argued), United States Department of Justice, Civil Division, Washington, DC, Counsel for Amicus-Appellant United States Trustee.

Paul J. Winterhalter, Esq. (Argued), Philadelphia, PA, Counsel for Appellees Steven Jeffrey Perlin and Cristine Ann Perlin.

BEFORE: SMITH and COWEN, Circuit Judges and YOHN, District Judge.

OPINION

COWEN, Circuit Judge.

Hitachi Capital America Corporation ("Hitachi") appeals from the Bankruptcy Court's order denying its motion to dismiss the voluntary joint bankruptcy petition filed by Steven J. Perlin and Cristine A. Perlin under Chapter 7 of the Bankruptcy Code. Hitachi sought dismissal of the petition under 11 U.S.C. § 707(a), on the ground that the Perlins had filed the petition in bad faith. The Bankruptcy Court denied Hitachi's motion...

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