- 11 U.S.C.
In re Surtronics Inc.
Jun
09
2014
Ruling
Voluntary dismissal denied where evidence showed that there was a reasonable likelihood of successful reorganization, contrary to debtor's representations.
Issue(s)
Should debtor be allowed to voluntarily dismiss its case due to substantial or continuing loss to or diminution of the estate and in the best interest of the creditors and estate?
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Court
:
- 11 U.S.C.
In re Costa Bonita Beach Resort
Jun
02
2014
Ruling
Single asset real estate debtor's case dismissed due to failure to maintain insurance or pay taxes.
Issue(s)
Should single asset real estate debtor's case be dismissed due to failure to maintain insurance or pay taxes on the property?
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Court
:
- 11 U.S.C.
In re East 81st LLC
Mar
17
2014
Ruling
Case dismissed for cause due to negative cash flow and no likelihood of rehabilitation.
Issue(s)
Should case of debtor that owned several condominium units be converted or dismissed due to lack of equity, inability to propose feasible plan and failure to provide creditor with adequate protection or, alternatively, should creditor be granted relief from stay?
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Court
:
- 11 U.S.C.
In re New Millennium Mgmt. LLC
Feb
25
2014
Ruling
Chapter 11 trustee appointed due to self-dealing by debtor LLC's sole member.
Issue(s)
Should chapter 11 case be converted or should a chapter 11 trustee be appointed based on debtor's sole member's allowing tenants to occupy debtor's building at below-market rents, inadequate insurance, and inaccurate schedules?
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Court
:
- 11 U.S.C.
In re Plaza Antillana Inc.
Feb
14
2014
Ruling
Case filed on eve of foreclosure dismissed for bad faith.
Issue(s)
Should debtor's case filed on the eve of foreclosure be dismissed for cause as a single asset real estate filed in bad faith due to substantial or continuing loss or diminution of the estate and lack of a reasonable likelihood of rehabilitation or ability to propose feasible chapter 11 plan?
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Court
:
- 11 U.S.C.
YBA Nineteen LLC v. IndyMac Venture LLC (In re YBA Nineteen LLC)
Feb
04
2014
Ruling
Case properly converted for cause due to debtor's failure to comply with scheduling order.
Issue(s)
Did bankruptcy court improperly convert debtor's case from chapter 11 to chapter 7.
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Court
:
- 11 U.S.C.
In re Croc LLC
Dec
11
2013
Ruling
Case converted to chapter 7 due to debtor's managerial shortcomings, failure to maintain invoices or comply with reporting requirements.
Issue(s)
Should chapter 11 case be converted or dismissed due to diminution of the estate, absence of a reasonable likelihood of rehabilitation, gross mismanagement, failure to maintain insurance and postpetition payments for debts incurred pre-petition.
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Court
:
- 11 U.S.C.
In re Nicholson Holdings Inc.
Jun
05
2013
Ruling
Case ordered converted due to evidence of defalcation.
Procedural posture
The United States trustee filed a motion to convert a debtor's chapter 11 case to a chapter 7 proceeding on the basis that the debtor failed to file monthly operating reports and pay quarterly fees.
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Court
:
- 11 U.S.C.
In re Gabriel Techs. Corp.
May
28
2013
Ruling
Conversion to chapter 7 and appointment of chapter 11 trustee both denied where there was no mismanagement and debtor had filed a plan.
Procedural posture
A judgment creditor (JC) moved under 11 U.S.C.S. § 1112 to convert debtors' chapter 11 cases to cases under chapter 7 or, in the alternative, for the appointment of a chapter 11 trustee, for cause. The Official Committee of Unsecured Creditors (Committee) filed a statement of position opposing the motion. The debtors filed a joint plan of reorganization and a draft disclosure statement.
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Court
:
- 11 U.S.C.
In re Perez
Mar
11
2013
Ruling
Debtor's failure to make domestic support obligation payments was not grounds for dismissal.
Procedural posture
Debtor filed a petition under chapter 11 of the Bankruptcy Code, and his ex- wife filed a motion to dismiss the debtor's case pursuant to 11 U.S.C.S. § 1112(b)(4)(P), claiming that the case had to be dismissed because the debtor failed to pay domestic support obligations he owed. The debtor opposed his ex-wife's motion.
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Court
: