### IN THE UNI TED STATES COURT OFAPPEALS FOR THE FIF TH CIRCU IT

No. 11-50927 Summary Calendar

In the Matter of: BRAZOS EMERGENCY PHYSICIANS ASSOCIATION, P.A. Debtor

------------------------ ------------------------ ------ BRAZOS EMERGE N CY PHYSICIANS ASSOCIATION, P.A.; EMTEL, INCORPORATED; JOSEPH DEGIOANNI, M.D. Appellants v.

PATRICK G. WOODS, M.D.; DIANA FITE, M.D.; STEVE MATTI , M

. D

. ; L E EOR PELEG, D.O.; GEORGE SIMONS, D.O. Appellees

Appeals from the United States District Court for the Western District of Texas

(1:11-CV-399)
Before KING, JOLLY, and GRAVES, Circuit Judges. PER CURIAM: * U n i te d S ta te s C o u rt o f A p p ea l s F i ft h C i rc u i t 

### F I L E D June22 , 20 12 Lyle W . Cayce Clerk

Pursua nt to 5 T H C IR
. R. 47.5 , the cour t hasd ete rm inedthat this op inion s houldnot * be publ ish ed and is not pr ece dent excep t unde r the lim ite d cir cum st ance s se t forth in 5 T H C IR
. R. 47.5 .4. Case: 11-50927 Document: 00511896429 Page: 1 Date Filed: 06/22/2012No. 11-50927

This appeal arises from a l o n g -running business dispute among a physicians group. As a result of that dispute, two state-court actions have been filed, and the group, appellant Brazos Emergency Physicians Association, P.A. (BEPA), was placed in successive receiverships by a stat e c o u rt

. Upon the expiration o f the second and final receivership, BEPA filed a Chapter 11 bankruptcy petition. The bankruptcy court, having held a two-day evidentiary hearing, found the petition was filed in bad faith to gain an advanta g e in the state-court litigation. The bankruptcy court therefore dismissed the peti t ion, and the district court affi r m e d

. Th e sole issue on appeal is whether the bankruptcy court abused its discretion in dismissing the petition. A bankruptcy court may dismiss a Chapter 11 petition if it determines the petition was not filed i n good faith. 11 U.S.C. § 1112(b); In re Humble Place Joint Venture , 936 F.2d 814, 816-17 (5th Cir. 1991)

. “A bankruptcy court’s determination that a debtor has acted in bad faith is a finding of fact reviewed for clear error.” In re Jacobsen , 609 F.3d 647, 652 (5th Cir. 201 0). After examining the evidence at l e n gth, the bankruptcy court concluded that, as BEPA’s creditors were mainly insiders and affiliates, and as the bankruptcy petition was filed without any pressure from thos e c r e di tors, the only purpose of BEPA’s filing was to gain control of the state-court claims that appellees are prosecuting derivatively on BEPA’s behalf. See In re A n t e lope Techs., Inc. , 431 F. App’x 272, 275 (5th Cir. 2011) (“[T]he purpose of the petition

was not primarily to reorganize or respond to financial crisis but instead was to gain unfair advantage in the shareholder derivative litigation.”). On appeal, the district c o urt wrote a thorough opinion examining the record and disposing of the contentions BEPA now presents to us. We are satisfied, essentially for the

reasons stat e d by the district court, that the bankruptcy court’s finding of bad faith was not clearly erroneous and, consequently, that its dismissal of BEPA’s Chapter 11 petition was not an abuse of discretion. See id. AFFIRMED.
2 Case: 11-50927 Document: 00511896429 Page: 2 Date Filed: 06/22/2012