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§ 303(g)

In re Diamondhead Casino Corp.

Ruling
Appointment of interim trustee in chapter 7 case not justified.
Issue(s)
Should an interim chapter 7 trustee be appointed in an involuntary case during the "gap period" to preserve the property of the estate or to prevent loss to the estate?

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Commercial opinion summary, case decided on November 13, 2015 , LexisNexis #0116-004

In re Case C&C Dev. Group LLC

Ruling
Appointment of interim trustee in involuntary case denied due to failure to show wasting of property.
Procedural posture

A petitioning creditor filed a motion to appoint an interim trustee pursuant to 11 U.S.C.S. § 303(g) or to enjoin an alleged debtor from disposing or encumbering estate property.

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Commercial opinion summary, case decided on November 15, 2011 , LexisNexis #0112-002

In re Tradex Swiss AG

Ruling
Interim trustee appointed to take possesion of involuntary foreign trading platform and bank accounts until ruling on possible conversion to chapter 15.
Procedural posture

Petitioning creditors filed an involuntary petition against the alleged debtor, a Swiss corporation. The alleged debtor was also the subject of a pending bankruptcy proceeding in Switzerland. Certain foreign liquidators filed a petition for recognition of the Swiss bankruptcy as a "foreign main proceeding" within the meaning of 11 U.S.C. §§ 1502(4) and 1517. They also moved to consolidate the case and convert it to one under chapter 15.

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Commercial opinion summary, case decided on December 12, 2007 , LexisNexis #0108-110

In re Center for Mgmt. & Tech. Inc.

Ruling
Interim trustee appointed in involuntary case of 501(c)(3) organization.
Procedural posture

The petitioners who filed an involuntary chapter 7 case against the alleged debtor filed an emergency motion for appointment of an interim trustee pursuant to 11 U.S.C. § 303(g).

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Commercial opinion summary, case decided on October 26, 2007 , LexisNexis #1207-041