- 11 U.S.C.
Johnson, In re
Mar
03
2017
Ruling
Debtor's case converted to a case under chapter 7 of the bankruptcy code where the conversionwas in debtors' best interest as it would allow them to discharge over $9 million in general andsubordinated debt. (Bankr. C.D. Cal.)
Issue(s)
Conversion or Dismissal; Involuntary Conversion or Dismissal; What Constitutes “Cause”; Loss or Diminution of Estate.
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Court
:
- 11 U.S.C.
Hoover v. Harrington (In re Hoover)
Jul
02
2016
Ruling
Conversion to chapter 7 for cause affirmed.
Issue(s)
Should district court order affirming conversion of chapter 11 case to chapter 7 be upheld?
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Court
:
- 11 U.S.C.
In re Gedda
Mar
24
2015
Ruling
Conversion from chapter 7 to chapter 11 denied where debtor had no likely prospect of reorganization.
Issue(s)
Could debtor convert his chapter 7 case to chapter 11 to regain control of his assets and to stop the trustee from pursuing fraudulent transfer claims against his wife in a related adversary proceeding?
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Court
:
- 11 U.S.C.
In re Corona Care Convalescent Corp.
Mar
06
2015
Ruling
Chapter 11 trustee appointed to manage debtor's two convalescent care businesses which were losing money and about to lose leases.
Issue(s)
Should a chapter 11 trustee be appointed to oversee operations of convalescent homes that were debtors in jointly administered bankruptcies?
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Court
:
- 11 U.S.C.
In re Surtronics Inc.
Jun
09
2014
Ruling
Voluntary dismissal denied where evidence showed that there was a reasonable likelihood of successful reorganization, contrary to debtor's representations.
Issue(s)
Should debtor be allowed to voluntarily dismiss its case due to substantial or continuing loss to or diminution of the estate and in the best interest of the creditors and estate?
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Court
:
- 11 U.S.C.
In re East 81st LLC
Mar
17
2014
Ruling
Case dismissed for cause due to negative cash flow and no likelihood of rehabilitation.
Issue(s)
Should case of debtor that owned several condominium units be converted or dismissed due to lack of equity, inability to propose feasible plan and failure to provide creditor with adequate protection or, alternatively, should creditor be granted relief from stay?
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Court
:
- 11 U.S.C.
In re Plaza Antillana Inc.
Feb
14
2014
Ruling
Case filed on eve of foreclosure dismissed for bad faith.
Issue(s)
Should debtor's case filed on the eve of foreclosure be dismissed for cause as a single asset real estate filed in bad faith due to substantial or continuing loss or diminution of the estate and lack of a reasonable likelihood of rehabilitation or ability to propose feasible chapter 11 plan?
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Court
:
- 11 U.S.C.
In re Camelot Club Condo. Assn
Aug
09
2011
Ruling
Debtor condominium association's case dismissed due to inability to fund plan.
Procedural posture
The U.S. Trustee sought to dismiss the bankruptcy case of a Chapter 11 debtor, a condominium association, under 11 U.S.C.S. § 1112(b)(4)(A). The main issue was a disputed proof of claim filed by the City for unpaid water service and sewer charges.
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Court
:
- 11 U.S.C.
In re Greg Adams Enters. Inc.
May
02
2011
Ruling
Creditor sublessor's motion to dismiss or convert chapter 11 case denied where debtor negotiated direct lease with prime lessor to provide premises for reorganization.
Procedural posture
A creditor filed a motion to dismiss or convert a Chapter 11 debtor's case for cause pursuant to 11 U.S.C.S. § 1112(b)(1) and (4)(A).
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Court
:
- 11 U.S.C.
In re Westhampton Coachworks Ltd.
Dec
21
2010
Ruling
Cases converted to chapter 7 due to diminution of estates and absence of reasonable likelihood of rehabilitation.
Procedural posture
With reference to two Chapter 11 cases involving related persons and entities, movant, the U.S. Trustee, asked the court to either dismiss the cases or, in the alternative, convert them to Chapter 7 as permitted by 11 U.S.C.S. § 1112 on claims that dismissal or conversion were justified given, inter alia, post-petition losses and inability to reorganize. Debtors objected to the motions.
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Court
: