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5th circuit

In re MAEDC Mesa Ridge

Ruling
Involuntary petition was dismissed since a nonprofit debtor's participation in commercial activity did not make it a moneyed, business, or commercial corporation.
Procedural posture

Debtor, a community housing development organization ("CHDO"), brought a motion for summary judgment in regards to an involuntary bankruptcy petition under 11 U.S.C. § 303(a) brought by the petitioning creditors against debtor.

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opinion summary, case decided on July 21, 2005 , LexisNexis #0106-040

JP Morgan Chase Bank v. Hobbs (In re Hobbs)

Ruling
Debtor's discharge was denied based on a failure to maintain and preserve adequate records.
Procedural posture

Plaintiff creditor filed a complaint to deny defendant chapter 7 debtor a discharge based on the debtor's loss of business records, 11 U.S.C. § 727(a)(2)(A), the debtor's failure to maintain and preserve adequate records, 11 U.S.C. § 727(a)(3).

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opinion summary, case decided on July 19, 2005 , LexisNexis #0106-063