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§ 1208(c)

Las Martas, Inc. v. Condado 5, LLC

Ruling
Bankruptcy court erred in dismissing Chapter 12 case by comparing financial conditions across debtor’s multiple filings instead of focusing solely on pospetition conditions in the current case. (B.A.P. 1st Cir.)
Issue(s)
Conversion or Dismissal; Dismissal for Cause on Request of Party in Interest; Continuing Loss or Diminution of Estate.

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Commercial opinion summary, case decided on March 05, 2025 , LexisNexis #0525-042

Las Martas, In re

Ruling
Dismissal of debtor's bankruptcy case was warranted due to the continuing diminution of theestate and the absence of a reasonable likelihood of rehabilitation. (Bankr. D.P.R.)
Issue(s)
Conversion or Dismissal; Dismissal for Cause on Request of Party in Interest;

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:
Judge or Jurisdiction information not available
Consumer opinion summary, case decided on September 29, 2023 , LexisNexis #1223-019

Bootjack Dairy M&D, LLC, In re

Ruling
Debtors’ Chapter 12 bankruptcies were not filed in good faith and the underlying contractdispute should have been resolved though the normal state court litigation process. (Bankr. D.Idaho)
Issue(s)
Conversion or Dismissal; Dismissal for Cause on Request of Party in Interest.

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Commercial opinion summary, case decided on August 28, 2023 , LexisNexis #1023-068

Las Martas, In re

Ruling
Case dismissed as the proposed Chapter 12 plan appeared to be prima facie not feasible basedon the data submitted by the debtor. (Bankr. D.P.R.)
Issue(s)
Conversion or Dismissal; Dismissal for Cause on Request of Party in Interest.

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:
Judge or Jurisdiction information not available
Consumer opinion summary, case decided on December 05, 2022 , LexisNexis #0223-018

Powell, In re

Ruling
Bankruptcy court dismissed debtor's case as the bankruptcy was filed in bad faith and thedebtor had no present ability to confirm a Chapter 12 plan due to his negative cash flow.(Bankr. M.D. Pa.)
Issue(s)
Conversion or Dismissal; Dismissal for Cause on Request of Party in Interest.

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Consumer opinion summary, case decided on October 14, 2022 , LexisNexis #1222-095

Bradshaw, In re

Ruling
Motion to dismiss granted where debtor failed to timely file a confirmable plan within 18months and prejudiced creditors from the unreasonable delay despite many of the securedcreditors having already obtained stay relief to proceed on their collateral. (Bankr. D. Kan.)
Issue(s)
Conversion or Dismissal; Dismissal for Cause on Request of Party in Interest.

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Consumer opinion summary, case decided on May 19, 2022 , LexisNexis #0722-047

Vaqueria Las Martas, Inc., In re--Vaqueria Las Martas, Inc. v. Condado 5, LLC

Ruling
Dismissal of debtor's case for unreasonable delay that was prejudicial to creditors affirmed.(B.A.P. 1st Cir.)
Issue(s)
Conversion or Dismissal; Dismissal for Cause on Request of Party in Interest;

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:
Judge or Jurisdiction information not available
Commercial opinion summary, case decided on April 21, 2022 , LexisNexis #0622-066

Comeau, In re

Ruling
Creditor was not entitled to dismissal of debtor's Chapter 12 petition as the debtor had notabandoned farming but simply scaled back and had the means and intent to continue farmoperations. (Bankr. D. Kan.)
Issue(s)
Conversion or Dismissal; Dismissal for Cause on Request of Party in Interest.

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Consumer opinion summary, case decided on October 21, 2021 , LexisNexis #1221-044

Heard, In re

Ruling
Debtor's motion to continue denied as he had been given ample time to address his propertyvaluation issue and his 11 U.S.C.S. 1224 motion should have been filed long ago. (Bankr. M.D.Ga.)
Issue(s)
Conversion or Dismissal; Dismissal for Cause on Request of Party in Interest; Denial

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Consumer opinion summary, case decided on October 12, 2021 , LexisNexis #1221-098

Rogers, In re--Snider v. Rogers

Ruling
Trustee's motion to dismiss granted where debtor filed his chapter 12 case in bad faith. (Bankr.W.D.N.Y.)
Issue(s)
Conversion or Dismissal; Dismissal for Cause on Request of Party in Interest.

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Consumer opinion summary, case decided on January 25, 2018 , LexisNexis #0318-023