September 21, 2004
Case	Court	Holding

In re Integrated Telecom Expresss, Inc. (DBN Subscription Required)	3rd Cir.	The bankruptcy court erred in failing to dismiss for bad faith a bankruptcy case filed by a financially healthy debtor, with no intention of reorganizing or liquidating as a going concern, with no reasonable expectation that Chapter 11 proceedings will maximize the value of the debtor’s estate for creditors, and solely to take advantage of a provision in the Bankruptcy Code that limits claims on long-term leases,
In re Allegheny Health, Education and Research Foundation (DBN Subscription Required)	3rd Cir.	Where no cure was due on acocunt of accrued sick leave under a CBA, but the APA and sale order provided that a buyer assuming the APA and other contracts did not assume liabilities of the debtor accruing before the closing date, the buyer was not responsible for pre-closing accrued sick leave, even though contracts shoud ordinarily be assumed cum onere.