litigation conduct_” Id. at 916. Nevertheless, other courts have recognized that the procedural straight jacket imposed by the mandatory dismissal approach tends to advance form over substance and, in some cases, may produce unjust or prejudicial consequences. See, e.g., In re Benny, 842 F.2d at 1147 (overruling an objection based on lack of jurisdiction when the issue was not raised until 18 months after commencement of the involuntary chapter 7 case and more than one year after the voluntary conversion to a chapter 11 case); Bank of America, N.A. v. Weese, 277 B.R. at 242 (reversing an order of dismissal where dismissal of the joint involuntary petition would have jeopardized recovery of millions of dollars fraudulently transferred to an offshore trust); In re Gale, 177 B.R. at 536 (<HOLDING>). The same concerns noted in these cases are
holding that the beneficiary of a form 1130 visa petition did not have standing to challenge a denied petition holding that utility customers mailing of a petition did not constitute the filing of the petition as filing was not effectuated until the petition was received by the clerk holding that because the petitioner had already filed a rule 371 petition he was barred from submitting a subsequent petition under that rule and his petition was subject to dismissal on that basis regardless of the label he placed on it holding that the the reluctance to honor form over substance should be particularly acute when dealing with a bankruptcy petition as dismissal and the subsequent filing of a new petition could have a significant impact on the trustees ability to challenge prepetition property transactions holding that the right of the debtor to claim property as exempt is generally determined on the facts as they exist on the date of the filing of the petition