- 11 U.S.C.
López-Muñoz, In re--United Surety & Indem. Co. v. López-Muñoz
Aug
09
2017
Ruling
Order of the bankruptcy court to deny creditor's motion to appoint a trustee for the bankruptcy estate to replace the debtor affirmed as creditor was wrong in contending that the bankruptcy court failed to consider circumstantial evidence or the Marrama factors. (1st Cir.)
Issue(s)
Appointment of Trustee or Examiner; Request by Party in Interest or United States Trustee; For Cause.
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:
Judge or Jurisdiction information not available
- 11 U.S.C.
W. Va. High Tech. Consortium Found., In re
Apr
21
2017
Ruling
Motion to appoint trustee was denied where there was no clear and convincing evidence that the debtors' management grossly mismanaged debtors or were dishonest. (Bankr. N.D. W. Va.)
Issue(s)
Appointment of Trustee or Examiner.
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Court
:
- 11 U.S.C.
Sabbatical, Inc., In re
Mar
24
2017
Ruling
U.S. trustee's motion to appoint chapter 11 trustee was granted as the court saw that it was necessary and in the best interest of the estate. (Bankr. S.D. W. Va.)
Issue(s)
Appointment of Trustee or Examiner; Request by Party in Interest or United States Trustee; Interests of the Estate.
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Court
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United Sur. & Indem. Co. v. López-Muñoz (In re López-Muñoz)
Jul
28
2016
Ruling
Bankruptcy court did not err in failing to appoint a chapter 11 trustee. (B.A.P. 1st Cir.)
Issue(s)
Did the bankruptcy court err in denying motion for appointment of chapter 11 trustee?
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Court
:
Judge or Jurisdiction information not available
In re Drew Transp. Servs.
Jul
07
2016
Ruling
Debtor’s failure to disclose prepetition withdrawal by principal justified appointment of chapter 11 trustee.
Issue(s)
Was debtor’s failure to report prepetition withdrawal of funds by principal grounds for appointment of a chapter 11 trustee?
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Court
:
In re Drew Transp. Servs.
Jul
07
2016
Ruling
Debtor’s failure to disclose prepetition withdrawal by principal justified appointment of chapter 11 trustee.
Issue(s)
Was debtor’s failure to report prepetition withdrawal of funds by principal grounds for appointment of a chapter 11 trustee?
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Court
:
- 11 U.S.C.
In re Railyard Co. LLC
Mar
30
2016
Ruling
Debtor's failure to keep adequate records and other business decisions justified appointment of chapter 11 trustee.
Issue(s)
Did grounds exist for the appointment of a chapter 11 trustee?
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Court
:
- 11 U.S.C.
In re Sears
Mar
23
2016
Ruling
Chapter 11 trustee appointed where debtor's vendetta against family members affected ability to perform fiduciary duties as debtor in possession.
Issue(s)
Should a chapter 11 trustee be appointed due to debtor's failure to disclose certain property and then selling the same for his own profit and benefit outside of the ordinary course of business without the permission of the court and failing to disclose certain property interests in his bankruptcy schedules?
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Court
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Manufacturers & Traders Trust Co. v. Morningstar Marketplace Ltd. (In re Morningstar Marketplace Ltd.)
Jan
13
2016
Ruling
Chapter 11 trustee appointed after two years without successful resolution of case.
Issue(s)
Did grounds exist for appointment of a chapter 11 trustee?
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Court
:
- 11 U.S.C.
In re Pasadena Adult Residential Care
Oct
23
2015
Ruling
Dismissal of chapter 11 case revoked and chapter 11 trustee appointed due to debtor's bad faith.
Issue(s)
Should dismissal of chapter 11 case be granted due to debtor's bad faith?
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Court
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