§ 1112(b)

Turner v. Stuart (In re Stuart)

Two cases came before the court on motions filed by movant, the trustee, to dismiss each of respondent debtor's cases with prejudice. Also, in one of the cases, movant creditor sought to annul the automatic stay so that it could complete the foreclosure sale to the third-party bidder.
Ruling: 
Debtor's third and fourth cases were dismissed for cause due to filing in bad faith.
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In re Lezdey

The debtors filed petitions for chapter 11 bankruptcy. The creditor filed a motion to dismiss under 11 U.S.C. § 1112.
Ruling: 
Debtors'cases were dismissed since their plans offered illusory promises of payment and were filed to delay the creditor.
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In re Bridge to Life Inc.

Before the court was a motion filed by debtor styled as a request for "reinstatement" of its dismissed refiled chapter 11 case or, in the alternative, a stay pending appeal (the motion). The motion was deemed a motion for reconsideration under Fed. R. Civ. P. 59(e).
Ruling: 
Motion for reconsideration of an order dismissing the debtor's refiled chapter 11 case was denied since the debtor had violated an injunction against refiling contained in the order dismissing the debtor's first chapter 11 case.
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