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§ 1112(b)(4)(A)

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.

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Commercial opinion summary, case decided on December 20, 2010 , LexisNexis #0111-094
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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).

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Consumer opinion summary, case decided on October 06, 2010 , LexisNexis #1110-061
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In re Kuluvar Realty Enters. LLC

Apr
08
2008
Ruling
Case dismissed for cause due to debtor's failure to make sufficient adequate protection payments or arrange for sale of real property.
Procedural posture

A creditor (bank), which held a deed of trust on improved real property owned by debtor realty company, moved to dismiss debtor's chapter 11 case for cause within the meaning of 11 U.S.C.S. 1112(b)(4)(A) or asked, in the alternative, for the court to convert the case to a chapter 7. Debtor filed an objection.

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Commercial opinion summary, case decided on April 08, 2008 , LexisNexis #0508-051
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In re Kuluvar Realty Enters. LLC

Apr
08
2008
Ruling
Case dismissed for cause where there was no reasonable likelihood of rehabilitation.
Procedural posture

A creditor (bank), which held a deed of trust on improved real property owned by debtor realty company, moved to dismiss debtor's chapter 11 case for cause within the meaning of 11 U.S.C.S. 1112(b)(4)(A) or asked, in the alternative, for the court to convert the case to a chapter 7. Debtor filed an objection.

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Commercial opinion summary, case decided on April 08, 2008 , LexisNexis #0508-124
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