- 11 U.S.C.
In re STAR Dynamics Corp.
Oct
31
2014
Ruling
Case ordered dismissed given massive claims, cessation of operations and lack of financing to fund plan.
Issue(s)
Should debtor's motion for sale of substantially all assets be granted or should debtor's case be dismissed?
ABI Membership is required to access the full summary of In re STAR Dynamics Corp. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
In re Smith
Jul
16
2014
Ruling
Case dismissed where debtors had no income to fund a chapter 11 plan.
Issue(s)
Should a chapter 11 case in which reorganization is completely dependent upon counterclaims, the value of which is suspect, be converted or dismissed?
ABI Membership is required to access the full summary of In re Smith Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
In re Auld
Jun
11
2014
Ruling
Case filed solely to obtain relief stay of foreclosure and avoid eviction dismissed due to debtor's bad faith.
Issue(s)
Should chapter 11 case be dismissed since debtor had no business to reorganize and filed its case to thwart eviction and obtain relief from pending foreclosure?
ABI Membership is required to access the full summary of In re Auld Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
In re New Millennium Mgmt. LLC
Jun
02
2014
Ruling
Case converted to chapter 7 due to debtor LLC's member's self-dealing, inaccurate operating reports and failure to timely file plan or disclosure statement.
Issue(s)
Were self dealing by member of debtor LLC and debtor's inaccurate operating reports and failure to timely file a chapter 11 plan or disclosure statement grounds for conversion to chapter 7?
ABI Membership is required to access the full summary of In re New Millennium Mgmt. LLC Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
In re EVPP LLC
Jun
04
2013
Ruling
Case dismissed as effort to undo results of duly conducted state court sale.
Procedural posture
Debtor filed a Motion to Reject Executory Contracts and an Application to Employ a realtor. After hearing presentations of the parties at a hearing, the court was left with a concern as to whether the case had not been filed in good faith and should be dismissed. The court requested that the parties brief that issue. A timely response was filed by debtor as was that of the purchasers. The purchaser's response was framed as a Motion to Dismiss.
ABI Membership is required to access the full summary of In re EVPP LLC Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
In re Colonial Warehouse LLC
May
20
2013
Ruling
Case filed on eve of foreclosure with little potential for rehabilitation dismissed for lack of good faith.
Procedural posture
A creditor filed a motion to dismiss or, in the alternative, to convert a case under chapter 11 to a case under chapter 7 pursuant to 11 U.S.C.S. § 1112(b)(1). The chapter 11 debtor opposed the motion.
ABI Membership is required to access the full summary of In re Colonial Warehouse LLC Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
In re Ridge View Farm LLC
Dec
10
2012
Ruling
Debtor's fourth case in three years dismissed and prior chapter 12 case reopened to modify order granting creditor relief from stay to extend time to foreclose.
Procedural posture
Debtor LLC filed a petition under chapter 11 of the Bankruptcy Code, and movant creditors filed a motion to dismiss the case for lack of good faith or, alternatively, for an order granting relief from the automatic stay. One of the creditors also asked the court to reopen a chapter 12 bankruptcy case the debtor filed, and to modify an order the court issued in that case which granted relief from the automatic stay.
ABI Membership is required to access the full summary of In re Ridge View Farm LLC Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
In re Salutaris Dialysis & Nephrology Ctr.
Aug
01
2012
Ruling
Case dismissed due to lack of likelihood of rehabilitation as debtor had lost right to occupy premises where it operated its business.
Procedural posture
Debtor's chapter 11 case was before the court upon an asset purchaser's motion to dismiss for cause, pursuant to 11 U.S.C.S. § 1112(b)(1) and debtor's reply to the motion.
ABI Membership is required to access the full summary of In re Salutaris Dialysis & Nephrology Ctr. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
In re Franco
Jul
27
2012
Ruling
Case dismissed due to failure of administratively insolvent debtor to file monthly reports of operation, disclosure statement or plan.
Procedural posture
A secured creditor filed a motion to dismiss pursuant to 11 U.S.C.S. § 1112(b)(1). The debtor in possession opposed the motion.
ABI Membership is required to access the full summary of In re Franco Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
In re Colbran LLC
Jul
10
2012
Ruling
Bankruptcy of owner of 100 percent of beneficial interest in nominee trust to avoid foreclosure was not filed in bad faith.
Procedural posture
Creditor moved to dismiss this chapter 11 case for cause under 11 U.S.C.S. § 1112(b)(1) on the grounds that it was not filed in good faith and the bankruptcy court lacked jurisdiction to modify a debt to the creditor for which the creditor alleged the debtor was not liable.
ABI Membership is required to access the full summary of In re Colbran LLC Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
: