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§ 305

Gutierrez, In re

Ruling
Involuntary debtor did not meet the burden of proof necessary for the bankruptcy court to abstain from hearing petitioning creditor’s claim in favor of state court. (Bankr. S.D. Miss.)
Issue(s)
Abstention; Dismissal or Suspension by the Court.

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Court :
Consumer opinion summary, case decided on July 06, 2020 , LexisNexis #0820-027

Westlake Prop. Holdings, LLC, In re

Ruling
State court injunction prohibiting debtor's sole member from filing a petition on behalf ofdebtor violated the bankruptcy code. (Bankr. N.D. Ill.)
Issue(s)
Abstention; Dismissal or Suspension by the Court.

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Commercial opinion summary, case decided on September 24, 2019 , LexisNexis #1119-053

Marusak, In re

Ruling
Motion for abstention denied as debtor failed to meet his burden for obtaining extraordinaryrelief. (Bankr. E.D. Okla.)
Issue(s)
Abstention; Dismissal or Suspension by the Court.

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Consumer opinion summary, case decided on July 17, 2019 , LexisNexis #0919-027

Cwnevada LLC, In re

Ruling
Case of debtor involved in marijuana-related business dismissed in the interests of creditorsand debtor. (Bankr. D. Nev.)
Issue(s)
Abstention; Dismissal or Suspension by the Court; Interests of Creditors and Debtor.

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Commercial opinion summary, case decided on May 15, 2019 , LexisNexis #0819-052

Forever Propane Sales & Serv., In re

Ruling
Court refused to reconsider its abstention decision where it lacked district court's FLSAexperience and expertise, and FLSA claim was contingent, unliquidated and disputed. (Bankr.S.D. Fla.)
Issue(s)
Abstention.

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Commercial opinion summary, case decided on March 05, 2019 , LexisNexis #0519-002

Sky Country Estates, LLC, In re

Ruling
Property Owners' Association's motion to dismiss LLC's bankruptcy case was denied where court held that the case was not a two-party dispute. (Bankr. D.N.M.)
Issue(s)
Abstention; Dismissal or Suspension by the Court.

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Commercial opinion summary, case decided on August 13, 2018 , LexisNexis #0918-094

In re NNN Realty Advisors, Inc.

Ruling
Involuntary case dismissed as it would be duplicative of efforts in assignment for benefit ofcreditors pending in state court. (Bankr. S.D. Fla.)
Issue(s)
Abstention; Dismissal or Suspension by the Court; Interests of Creditors and Debtor.

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Commercial opinion summary, case decided on April 15, 2016 , LexisNexis #1116-074

In re Bos

Ruling
Involuntary cases that were primarily disputes between debtors and petitioning creditor dismissed.
Issue(s)
Should involuntary petitions be dismissed where there was only one petitioning creditor, debtors were generally paying debts as they become due and the cases involved a two party dispute between debtors and petitioning creditor?

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Consumer opinion summary, case decided on March 11, 2016 , LexisNexis #0416-002

In re Northshore Mainland Servs. Inc.

Ruling
Chapter 11 case of Bahamanian debtors dismissed in best interests of debtors.
Issue(s)
Should Bahamian debtor's chapter 11 case be dismissed in favor of insolvency proceeding in the Bahamas?

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Commercial opinion summary, case decided on September 15, 2015 , LexisNexis #1015-038

In re Naartjie Custom Kids Inc.

Ruling
Structured dismissal of case granted.
Issue(s)
Should dismissal of chapter 11 case be granted as a "structured dismissal" with specific orders for distribution in accordance with a settlement agreement with creditors?

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Commercial opinion summary, case decided on July 13, 2015 , LexisNexis #0815-002