- 11 U.S.C.
1500 Mineral Springs Assocs. LP v. Gencarelli
Nov
08
2006
Ruling
Case remanded for review of debtor's level of financial distress and reconsideration of cap on creditors'claims.
Procedural posture
Appellant creditors sought review of three orders issued by a U.S. Bankruptcy Court, which: (1) denied their motion to dismiss appellee debtor's individual chapter 11 petition for lack of good faith; (2) limited the creditors'claims against a corporate debtor for past and future rent to the amount provided by 11 U.S.C. § 502(b)(6); and (3) authorized an interim distribution to the individual debtor. The issues were consolidated for review.
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Court
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