In re Owens, No. 04-17420, 2006 Bankr. LEXIS 2513 (Bankr. N.D. Ga. August 18, 2006) (Drake).
Noting a split of the Circuits on the issue of whether bad faith, or lack of good faith, in filing a petition is grounds for dismissal under §707(a), the Court followed In re Bilzerian, 258 B.R. 850, 857 (Bankr. M.D. Fla. 2001) and held that bad faith alone is not a basis for dismissal. Instead, the court would look to all facts and circumstances to determine whether cause to dismiss exists. Further, the court should not use this section to dismiss a case where other provisions, such as exception to or denial of discharge, are available to address particular conduct.