- 11 U.S.C.
In re Westhampton Coachworks Ltd.
Dec
21
2010
Ruling
Cases converted to chapter 7 due to diminution of estates and absence of reasonable likelihood of rehabilitation.
Procedural posture
With reference to two Chapter 11 cases involving related persons and entities, movant, the U.S. Trustee, asked the court to either dismiss the cases or, in the alternative, convert them to Chapter 7 as permitted by 11 U.S.C.S. § 1112 on claims that dismissal or conversion were justified given, inter alia, post-petition losses and inability to reorganize. Debtors objected to the motions.
ABI Membership is required to access the full summary of In re Westhampton Coachworks Ltd. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
In re Midwest Props. of Shawano LLC
Dec
20
2010
Ruling
Cases dismissed where businesses were operating with losses and did not submit viable chapter 11 plans.
Procedural posture
Debtors, a holding company that owed real property in Wisconsin and an oil company that owed real property in Minnesota, filed separate pro se petitions under Chapter 11 of the Bankruptcy Code, and after both cases were assigned to the District of Delaware, the United States Trustee (UST) filed motions in both cases, seeking an order converting or dismissing both cases or appointing a Chapter 11 trustee. The debtors opposed the UST's motions.
ABI Membership is required to access the full summary of In re Midwest Props. of Shawano LLC Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
In re Southbelt Props. Mgmt.
Nov
19
2010
Ruling
Case converted to chapter 7 after foreclosure of primary income producing asset given debtor's misuse of cash collateral and failure to file reports.
Procedural posture
An assignee of a creditor filed a motion to convert a chapter 11 debtor's case to chapter 7 for cause pursuant to 11 U.S.C.S. § 1112(b).
ABI Membership is required to access the full summary of In re Southbelt Props. Mgmt. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
In re BH S&B Holdings LLC
Nov
18
2010
Ruling
Case converted to chapter 7 given continuing losses and no likelihood of rehabilitation.
Procedural posture
The United States Trustee (UST) filed a motion to convert the debtors' Chapter 11 cases to cases under Chapter 7 pursuant to 11 U.S.C.S. § 1112(b)(4)(A) and (J), alleging that the debtors' monthly operating reports were misleading and/or deficient, their cases were administratively insolvent, and they failed to timely file a reorganization plan and disclosure statement.
ABI Membership is required to access the full summary of In re BH S&B Holdings LLC Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
In re Morris
Oct
06
2010
Ruling
Debtor's fourth case in eight years dismissed with two-year filing bar for failure to pay fees or comply with credit counseling requirement.
Procedural posture
The U.S. Trustee filed a motion to dismiss a debtor's current case with prejudice based on the debtor's prior filings and his failure to comply with the requirements of 11 U.S.C.S. §§ 109 and 521. In support of its motion, the U.S. Trustee alleged that the debtor's case should be dismissed for cause pursuant to 11 U.S.C.S. § 1112(b)(4)(A) and (F).
ABI Membership is required to access the full summary of In re Morris Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
In re Bear Creek Partners I LLC
Oct
04
2010
Ruling
Confirmation of plan calling for debtor to operate apartment complex denied given debtor's conflicting motion to sell the property.
Procedural posture
The United States Trustee (UST) moved to dismiss a Chapter 11 bankruptcy proceeding commenced against the debtor, a special purpose entity holding title to an apartment complex, pursuant to 11 U.S.C.S. § 1112(b)(4). The debtor's real estate lender and principal secured creditor, a real estate trust, concurred in the dismissal motion. The debtor and several petitioning creditors opposed the motion.
ABI Membership is required to access the full summary of In re Bear Creek Partners I LLC Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
In re LOR Decks at Calico Jacks LLC
May
14
2010
Ruling
Case dismissed for cause due to debtor's failure to comply with court orders.
Procedural posture
In this chapter 11 case, creditor bank filed a motion to dismiss the bankruptcy pursuant to 11 U.S.C.S. § 1112(b). The debtor, an operator of a marina and related facilities, was operating as a debtor in possession.
ABI Membership is required to access the full summary of In re LOR Decks at Calico Jacks LLC Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
In re Wallace
Jan
26
2010
Ruling
Case dismissed due to debtor in possession's diminution of estate, problematic plan and gross mismanagement.
Procedural posture
Creditors obtained a judgment confirming an arbitration award against a bankruptcy debtor, and the creditors were proceeding to execute against property of the debtor when the debtor filed his chapter 11 bankruptcy petition. The creditors moved for dismissal of the debtor's case for cause under 11 U.S.C.S. § 1112(b)(4).
ABI Membership is required to access the full summary of In re Wallace Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
In re Kruger Props. LLC
May
27
2009
Ruling
Court refused to vacate dismissal where case was filed solely to frustrate or delay sheriff's sale.
Procedural posture
The debtor filed a chapter 11 bankruptcy petition. The only secured creditor filed a motion to dismiss or, in the alternative, motion for relief from stay pursuant to 11 U.S.C.S. § 362(d), for abandonment of property pursuant to 11 U.S.C.S. § 554(b), a notice of opportunity for hearing. The debtor did not respond to the motion to dismiss and the court entered an order of dismissal. The debtor moved to vacate the order of dismissal.
ABI Membership is required to access the full summary of In re Kruger Props. LLC Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
In re Spencer C. Young Investments
Feb
04
2009
Ruling
Case dismissed due to corporate debtor's failure to obtain counsel and violation of cash collateral order.
Procedural posture
The Bankruptcy Administrator moved to dismiss the debtor's chapter 11 case.
ABI Membership is required to access the full summary of In re Spencer C. Young Investments Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
: