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In re Fiorillo

Jun
24
2011
Ruling
Voluntary dismissal based on non-compliance with credit counseling requirement denied where debtor had previously claimed compliance.
Procedural posture

Debtor's chapter 11 case was converted to a chapter 7 proceeding by the U. S. Bankruptcy Court for the District of Massachusetts. The debtor moved to dismiss for lack of jurisdiction. The bankruptcy court denied the motion. The debtor appealed.

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Consumer opinion summary, case decided on June 24, 2011 , LexisNexis #0711-071
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Tradex Corp. v. Morse

Mar
31
2006
Ruling
Appointment of a trustee was affirmed since "cause" was established showing the need for such an appointment.
Procedural posture

The sole shareholder of appellant debtor in possession sought reversal, on behalf of the debtor, of a bankruptcy court's appointment of a trustee to take possession of the debtor as part of voluntary chapter 11 bankruptcy proceedings. The debtor objected to the motion to appoint a trustee, arguing that appellee trustee had not met her burden of establishing the need for such an appointment under 11 U.S.C. § 1104(a)(1) or (2).

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opinion summary, case decided on March 31, 2006 , LexisNexis #0406-101
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