- 11 U.S.C.
In re NNN Realty Advisors, Inc.
Apr
15
2016
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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Court
:
In re Bos
Mar
11
2016
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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Court
:
In re Northshore Mainland Servs. Inc.
Sep
15
2015
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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Court
:
In re Naartjie Custom Kids Inc.
Jul
13
2015
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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Court
:
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
: