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In re Easthaven Marina Group LLC

In re Easthaven Marina Group LLC

Ruling
Motion to dismiss denied where totality of circumstances demonstrated debtor had filed in bad faith.
Procedural posture

The debtor filed for chapter 11 bankruptcy protection. The debtor's schedules provided for a contingent and disputed unsecured claim in favor of a holding company. The schedules included two additional unsecured creditors. The holding company moved to dismiss the debtor's bankruptcy case pursuant to 11 U.S.C.S. § 1112(b)(1). The court held a hearing on the motion.

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Commercial opinion summary, case decided on February 25, 2009 , LexisNexis #0409-057