- 11 U.S.C.
In re Dilley
Sep
15
2005
Ruling
Debtor's not guilty plea in criminal homicide case raised liability dispute warranting dismissal of an involuntary chapter 7 case filed by the deceased's estate and children.
Procedural posture
Chapter 7 debtor filed a motion to dismiss the involuntary chapter 7 petition filed against the debtor pursuant to 11 U.S.C. § 303(b)(1) by petitioners, the estate of his deceased wife and the conservator for each of her two surviving children. The court treated the motion as one for summary judgment because matters outside the pleadings were offered for consideration. Debtor also filed a request for abstention.
ABI Membership is required to access the full summary of In re Dilley Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
: