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§ 305(a)

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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Consumer opinion summary, case decided on July 27, 2010 , LexisNexis #1010-071
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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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Commercial opinion summary, case decided on March 05, 2010 , LexisNexis #0410-073
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In re Webster Hospitality Dev. LLC

Aug
27
2009
Ruling
Involuntary petition dismissed where state court proceeding would properly address best interest of creditors and members of debtor LLC.
Procedural posture

Three creditors filed a second involuntary petition against a limited liability company (LLC), and the LLC filed a motion to dismiss the petition pursuant to 11 U.S.C.S. §§ 303 and 305. The court held a hearing on the LLC's motion.

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Commercial opinion summary, case decided on August 27, 2009 , LexisNexis #0909-111
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In re Seff Enters. & Holdings LLC

Aug
26
2009
Ruling
Asset-less case dismissed as not benefitting creditors or debtor.
Procedural posture

Movant, a member of the debtor, filed a motion seeking for the court to dismiss, abstain, or grant relief from the voluntary petition, under 11 U.S.C.S. §§ 707(a), 305(a)(1), and 362(d)(1), filed by the other member of the debtor.

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Commercial opinion summary, case decided on August 26, 2009 , LexisNexis #1009-037
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In re Compania de Alimentos Fargo S.A.

Oct
12
2007
Ruling
Bankruptcy court abstained from involuntary case against foreign debtor given pending proceeding in Argentina.
Procedural posture

Petitioners, creditors of an Argentine debtor, filed an involuntary chapter 11 petition. The Argentine debtor filed a motion to dismiss the petition on various grounds, including abstention under 11 U.S.C. § 305(a)(1), pointing out that a current "concurso preventivo" reorganizing the debtor was pending in Argentina. The court converted part of the debtor's motion to one for summary judgment.

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Commercial opinion summary, case decided on October 12, 2007 , LexisNexis #1107-005
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In re L&M Video Prods.

Jun
25
2007
Ruling
Court declined to exercise jurisdiction over chapter 11 where debtor had no ability to reorganize and only sought to better position itself for non-bankruptcy disputes.
Procedural posture

Chapter 11 creditor filed a motion to dismiss the debtor's case for cause under 11 U.S.C. § 1112(b) or alternatively, to abstain from exercising jurisdiction pursuant to 11 U.S.C. § 305(a).

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opinion summary, case decided on June 25, 2007 , LexisNexis #0807-072
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In re International Zinc Coatings & Chem. Corp.

Nov
17
2006
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
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