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In re Forest Hill Funeral Home & Mem. Park - East LLC

In re Forest Hill Funeral Home & Mem. Park - East LLC

Ruling
Case dismissed for bad faith where funeral home debtor made improper investments, failed to keep adequate records and intended to thwart state enforcement proceedings.
Procedural posture

A bankruptcy debtor owned and operated cemeteries, funeral homes, and mausoleums, and filed its chapter 11 bankruptcy petition after becoming unable to honor prepaid contracts for funeral arrangements. A state agency which regulated the funeral home, cemetery, and mausoleum business moved to dismiss the debtor's case or for abstention in favor of pending state proceedings for appointment of a receiver for the debtor.

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opinion summary, case decided on March 26, 2007 , LexisNexis #0507-045