The BAP ruled that the bankruptcy court abused its discretion by considering to consider the interests of the creditor who moved for dismissal and not the best interests of creditors in general. It is also important to note the speed of the proceedings and the fact that dismissal came before the first steps of the case.
Creditors and bankruptcy judges favor early dismissal if a case was clearly files in bad faith as delay causes harm. However, in future cases, bankruptcy judges and attorneys may ask themselves: "Is it too soon for dismissal?"