Skip to main content

§ 707(a)

In re Martinez-Held

Jun
16
2006
Ruling
Bankruptcy court refused to condition voluntary dismissal in case with few assets on payment of trustee's attorneys'fees.
Procedural posture

A trustee filed an ore tenus motion, pursuant to 11 U.S.C. § 707(a), to condition the voluntary dismissal of a debtor's chapter 7 bankruptcy petition on the payment of the trustee's attorneys'fees.

ABI Membership is required to access the full summary of In re Martinez-Held Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

opinion summary, case decided on June 16, 2006 , LexisNexis #1106-032
LexisNexis Article
Learn More

In re Glunk

Jun
12
2006
Ruling
Dismissal was denied, but relief from automatic stay was granted so state medical malpractice case could continue.
Procedural posture

Debtor was a physician who was a defendant in prepetition state court litigation in which he was sued for damages after a surgical procedure went awry and resulted in the death of an 18 year old woman. The parents of the decedent, as co-administrators of her estate, moved to dismiss the chapter 7 bankruptcy case pursuant to 11 U.S.C. § 707(a). Alternatively, the parents sought relief from stay to pursue their state court litigation.

ABI Membership is required to access the full summary of In re Glunk Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

opinion summary, case decided on June 12, 2006 , LexisNexis #0706-065
LexisNexis Article
Learn More

Sherman v. SEC (In re Sherman)

Mar
23
2006
Ruling
Appellate court found that the bankruptcy court did not err in denying the SEC's motion to dismiss the debtors'petition for cause.
Procedural posture

Appellant debtors challenged the decision entered by the District Court for the Central District of California that reversed the bankruptcy court's order that denied appellee Securities and Exchange Commission's ("SEC") motion to dismiss the debtors'chapter 7 petition.

ABI Membership is required to access the full summary of Sherman v. SEC (In re Sherman) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Court :
Judge or Jurisdiction information not available
opinion summary, case decided on March 23, 2006 , LexisNexis #0406-022
LexisNexis Article
Learn More

In re Fulton

Mar
20
2006
Ruling
Debtor who after filing became financially able to pay creditors was denied a motion to dismiss the debtor's case since there was still risks that creditors would not get paid.
Procedural posture

A bankruptcy debtor asserted that she filed her bankruptcy petition while in mental and emotional turmoil and without adequate information, and that her financial circumstances changed to allow payment to creditors. The debtor moved to dismiss her bankruptcy case under 11 U.S.C. § 707(a) or 305(a)(1), and the trustee objected to dismissal.

ABI Membership is required to access the full summary of In re Fulton Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

opinion summary, case decided on March 20, 2006 , LexisNexis #0406-023
LexisNexis Article
Learn More

In re Farkas

Mar
09
2006
Ruling
Motions to dismiss were denied since "for cause" grounds for dismissal under section 707(a) were not present.
Procedural posture

A chapter 7 matter was before the court upon the Amended Motion to Dismiss Bankruptcy Proceeding filed by movants, two creditors, and upon the Joinder to the Creditors'Motion to Dismiss filed by movant, a third individual who had also filed a proof of claim.

ABI Membership is required to access the full summary of In re Farkas Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

opinion summary, case decided on March 09, 2006 , LexisNexis #0706-064
LexisNexis Article
Learn More

In re Isham

Feb
24
2006
Ruling
Court denied motion to dismiss debtor's chapter 7 case since "for cause" grounds for dismissal were not present.
Procedural posture

A creditor filed a motion to dismiss the debtors'chapter 7 bankruptcy case for lack of good faith, pursuant to 11 U.S.C. § 707(a).

ABI Membership is required to access the full summary of In re Isham Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

opinion summary, case decided on February 24, 2006 , LexisNexis #0706-030
LexisNexis Article
Learn More

In re Hull

Feb
22
2006
Ruling
Debtor established cause to dismiss the debtor's case.
Procedural posture

Debtor moved to dismiss her chapter 7 case, or in the alternative, to convert this chapter 7 case to a case under chapter 13 case. The chapter 7 trustee objected, arguing that the debtor's estate was due to receive a large personal injury claim, which debtor had not scheduled as an asset of the estate.

ABI Membership is required to access the full summary of In re Hull Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

opinion summary, case decided on February 22, 2006 , LexisNexis #0406-062
LexisNexis Article
Learn More

In re Adell

Feb
14
2006
Ruling
Reconsideration of dismissal denied where debtor had purchased home in Florida with exempt assets in attempt to avoid creditors.
Procedural posture

The debtor filed an emergency motion for reconsideration after the court entered an order dismissing his chapter 7 bankruptcy case pursuant to 11 U.S.C. § 707(a).

ABI Membership is required to access the full summary of In re Adell Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

opinion summary, case decided on February 14, 2006 , LexisNexis #0906-094
LexisNexis Article
Learn More
Subscribe to %1