Title

Jurisdiction

Decided date

Filing type

11 U.S.C.
- § 1112
- § 1112(b)

In re OptInRealBig.com LLC

Apr

2006

Ruling

Joint motion to dismiss chapter 11 cases was granted since dismissal was in best interest of most creditors.

Procedural posture

The chapter 11 jointly administered debtors, an individual and his e-mail advertising company, filed a joint motion to dismiss their cases under 11 U.S.C. § 1112(b). One creditor objected.

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Court :

District of Colorado ( Judge Tallman ) [ Bankruptcy Court ]

opinion summary, case decided on April 04, 2006 , LexisNexis #0806-065

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11 U.S.C.
- § 1112
- § 1112(b)

In re Cinole Inc.

Mar

2006

Ruling

Debtor's chapter 11 case was dismissed for cause due to filing in bad faith.

Procedural posture

Pending was a tax creditor's motion (the dismissal/stay annulment motion), requesting the court enter an order (1) dismissing debtor's chapter 11 case under 11 U.S.C. § 1112(b) for cause, based upon a finding that there had been a bad faith filing, and (2) under 11 U.S.C. § 362(d), annulling any automatic stay that may have gone into effect with the filing of debtor's petition as to the foreclosed properties. Debtor filed a contempt motion.

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Court :

Western District of New York ( Judge Ninfo, II ) [ Bankruptcy Court ]

opinion summary, case decided on March 16, 2006 , LexisNexis #0406-102

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11 U.S.C.
- § 1112
- § 1112(b)

In re TCR of Denver LLC

Feb

2006

Ruling

Court, in granting a debtor's motion for voluntary dismissal, interpreted Code section 1112(b) not to require all of the elements of "cause"to obtain dismissal.

Procedural posture

The debtor filed for bankruptcy under chapter 11 and then filed a motion for voluntary dismissal under 11 U.S.C. § 1112(b). The creditor filed a request for emergency action on the debtor's motion to dismiss bankruptcy. The court directed the filing of legal briefs on the question of dismissal of a chapter 11 case under the revised 11 U.S.C. § 1112(b) as a result of the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005.

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Court :

District of Colorado ( Judge Brooks ) [ Bankruptcy Court ]

opinion summary, case decided on February 17, 2006 , LexisNexis #0306-112

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11 U.S.C.
- § 1112
- § 1112(b)

In re Detienne Assocs. L.P.

Feb

2006

Ruling

Court granted creditor's motion to dismiss debtor's chapter 11 case since debtor filed solely to invoke stay and delay foreclosure.

Procedural posture

Movant creditor filed a motion, pursuant to 11 U.S.C. § 1112(b), to dismiss respondent debtor's chapter 11 case.

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Court :

District of Montana ( Judge Kirscher ) [ Bankruptcy Court ]

opinion summary, case decided on February 13, 2006 , LexisNexis #0806-101

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11 U.S.C.
- § 1112
- § 1112(b)

Turner v. Stuart (In re Stuart)

Dec

2005

Ruling

Debtor's third and fourth cases were dismissed for cause due to filing in bad faith.

Procedural posture

Two cases came before the court on motions filed by movant, the trustee, to dismiss each of respondent debtor's cases with prejudice. Also, in one of the cases, movant creditor sought to annul the automatic stay so that it could complete the foreclosure sale to the third-party bidder.

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Court :

Northern District of Georgia ( Judge Bihary ) [ Bankruptcy Court ]

opinion summary, case decided on December 16, 2005 , LexisNexis #0506-060

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11 U.S.C.
- § 1112
- § 1112(b)

In re Lezdey

Oct

2005

Ruling

Debtors'cases were dismissed since their plans offered illusory promises of payment and were filed to delay the creditor.

Procedural posture

The debtors filed petitions for chapter 11 bankruptcy. The creditor filed a motion to dismiss under 11 U.S.C. § 1112.

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Court :

Middle District of Florida ( Judge May ) [ Bankruptcy Court ]

opinion summary, case decided on October 18, 2005 , LexisNexis #0106-067

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11 U.S.C.
- § 1112
- § 1112(b)

In re Bridge to Life Inc.

Sep

2005

Ruling

Motion for reconsideration of an order dismissing the debtor's refiled chapter 11 case was denied since the debtor had violated an injunction against refiling contained in the order dismissing the debtor's first chapter 11 case.

Procedural posture

Before the court was a motion filed by debtor styled as a request for "reinstatement" of its dismissed refiled chapter 11 case or, in the alternative, a stay pending appeal (the motion). The motion was deemed a motion for reconsideration under Fed. R. Civ. P. 59(e).

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Court :

Eastern District of New York ( Judge Feller ) [ Bankruptcy Court ]

opinion summary, case decided on September 30, 2005 , LexisNexis #0106-124

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