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§ 305

In re International Zinc Coatings & Chem. Corp.

Ruling
Voluntary dismissal granted where continuation would not benefit debtor or creditors.
Procedural posture

Chapter 7 debtor filed a motion to dismiss its bankruptcy case pursuant to 11 U.S.C. § 305(a)(1).

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opinion summary, case decided on November 17, 2006 , LexisNexis #1206-037

Moon v. Bauer (In re Bauer)

Ruling
Court denied personal representative of debtor's estate motion for abstention under section 305 regarding now deceased debtor's life insurance policy proceeds.
Procedural posture

A chapter 7 trustee filed an adversary action against defendant personal representative of debtors'estates seeking turnover of the debtors'life insurance policies proceeds and certain other items pursuant to 11 U.S.C. § 541(a)(5). The representative filed a motion requesting that the proceedings be suspended under 11 U.S.C. § 305 to permit him to administer all of the assets and claims in the probate estates. The trustee opposed the motion.

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opinion summary, case decided on June 01, 2006 , LexisNexis #0606-117