In re Ramallo Bros. Printing
Jun
22
2015
Ruling
Voluntary dismissal of chapter 11 case granted where conversion could not be shown to benefit creditors.
Issue(s)
Should chapter 11 case be voluntarily dismissed or should it be converted to chapter 7?
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Court
:
- 11 U.S.C.
In re IT LLC
Apr
24
2015
Ruling
Case dismissed as arising out of a two-party dispute.
Issue(s)
Should case be dismissed as primarily a two-party dispute between non-debtors?
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Court
:
- 11 U.S.C.
In re Gabriel Techs. Corp.
Oct
08
2013
Ruling
Suspension of cases pending appeal ordered in best interests of creditors and debtor.
Issue(s)
Where ultimate outcome of chapter 11 debtors' cases was dependent upon final resolution of pending appeal from a federal district court judgment, would suspension under 11 U.S.C.S. § 305 be appropriate.
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Court
:
- 11 U.S.C.
In re Garza
Jun
21
2013
Ruling
Voluntary dismissal by substituted debtors denied as they would benefit from original debtors' nondisclosure of personal injury claim.
Procedural posture
Movants, substituted debtors and an individual, filed a motion to dismiss the chapter 7 case under 11 U.S.C.S. § 305(a)(1) or under 11 U.S.C.S. § 707(a) or in the alternative, to stay the case pending resolution of a California action.
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Court
:
- 11 U.S.C.
In re Texas EMC Mgmt. LLC
Feb
24
2012
Ruling
Involuntary case dismissed in best interests of debtors and creditors.
Procedural posture
The court held a hearing on its "Order to Show Cause" why the court should not abstain and dismiss the petitioning creditors' involuntary petitions against the alleged debtors.
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Court
:
- 11 U.S.C.
In re Zais Inv. Grade Ltd. VII
Aug
26
2011
Ruling
Junior noteholders could not contest involuntary petition and did not meet burden of showing cause for abstention.
Procedural posture
Senior noteholders filed an involuntary chapter 11 bankruptcy case against debtor, a Cayman Islands corporation, pursuant to 11 U.S.C.S. § 303(c), the court entered an order for relief after the debtor failed to contest the petition. Movant junior noteholders filed a motion to dismiss the debtor's case pursuant to 11 U.S.C.S. § 1112, urged the court to abstain from hearing the case pursuant to 11 U.S.C.S. § 305(a)(1).
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Court
:
In re Clark
Jul
29
2011
Ruling
Case reopened to allow unlisted creditors to resolve issue of nondischargeability of wrongful death claim after trial in federal court.
Procedural posture
Debtors filed a petition under chapter 7 of the Bankruptcy Code on April 19, 2010, and they were granted a discharge and their case was closed on August 12, 2010. On June 7, 2011, movants filed a motion to reopen the debtors' case, and they sought relief from the automatic stay and asked the bankruptcy court for permission to amend a complaint they filed in federal district court. The debtors opposed the motion.
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Court
:
- 11 U.S.C.
In re Beeson
Jul
27
2010
Ruling
Bankruptcy court abstained from and dismissed individual debtor's chapter 11 case where parties and debtors would be settled more properly in divorce proceedings.
Procedural posture
Creditor husband brought a motion for abstention under 11 U.S.C.S. § 305(a)(1), seeking the dismissal of the instant voluntarily filed chapter 11 case filed by debtor wife, asserting that their pending divorce and property action in family court was the proper forum for disposition of property in which the debtor wife had an interest.
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Court
:
RHTC Liquidating Co. v. Union Pac. R.R. (In re RHTC Liquidating Co.)
Mar
05
2010
Ruling
Motion by monitor in debtor's Canadian insolvency case to dismiss involuntary case denied as not in best interests of petitioning creditors.
Procedural posture
Creditors filed an involuntary petition under chapter 7, seeking orders requiring a U.S. corporation that was a wholly-owned subsidiary of a Canadian corporation to liquidate its assets and pay creditors. A Monitor who was appointed to represent the U.S. corporation's interests in a bankruptcy case filed in a Canadian court filed a motion to dismiss the case pursuant to 11 U.S.C.S. § 305(a).
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Court
:
- 11 U.S.C.
In re Remember Enters.
Feb
05
2010
Ruling
Trustee's application to sell debtor's restaurant equipment granted over objection of creditor.
Procedural posture
A bankruptcy trustee applied for approval to sell a bankruptcy debtor's restaurant equipment to the debtor's principal who would also assume the debtor's rent and utilities obligations for the restaurant property. A creditor which leased another property to the debtor objected to the sale and moved to dismiss the debtor's case on the ground that the proposed sale was solely for the purpose of avoiding successor liability under state law.
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Court
: