- 11 U.S.C.
TGP Comms. LLC, In re
Jul
24
2024
Ruling
Debtor business wholly owned and operated by one person did not show a validreorganizational purpose for Chapter 11 bankruptcy. (Bankr. S.D. Fla.)
Issue(s)
Abstention; Dismissal or Suspension by the Court; Interests of Creditors and Debtor.
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Court
:
- 11 U.S.C.
318 Retail, LLC, In re
Jul
28
2022
Ruling
Abstention was not appropriate as maintaining the matter in bankruptcy court did notprejudice any party and was not an effort to forum shop. (Bankr. N.D. Ill.)
Issue(s)
Abstention; Dismissal or Suspension by the Court; Interests of Creditors and Debtor.
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Court
:
- 11 U.S.C.
Cwnevada LLC, In re
May
15
2019
Ruling
Case of debtor involved in marijuana-related business dismissed in the interests of creditorsand debtor. (Bankr. D. Nev.)
Issue(s)
Abstention; Dismissal or Suspension by the Court; Interests of Creditors and Debtor.
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Court
:
- 11 U.S.C.
In re NNN Realty Advisors, Inc.
Apr
15
2016
Ruling
Involuntary case dismissed as it would be duplicative of efforts in assignment for benefit ofcreditors pending in state court. (Bankr. S.D. Fla.)
Issue(s)
Abstention; Dismissal or Suspension by the Court; Interests of Creditors and Debtor.
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Court
:
- 11 U.S.C.
In re IT LLC
Apr
24
2015
Ruling
Case dismissed as arising out of a two-party dispute.
Issue(s)
Should case be dismissed as primarily a two-party dispute between non-debtors?
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Court
:
- 11 U.S.C.
In re Gabriel Techs. Corp.
Oct
08
2013
Ruling
Suspension of cases pending appeal ordered in best interests of creditors and debtor.
Issue(s)
Where ultimate outcome of chapter 11 debtors' cases was dependent upon final resolution of pending appeal from a federal district court judgment, would suspension under 11 U.S.C.S. § 305 be appropriate.
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Court
:
- 11 U.S.C.
In re Garza
Jun
21
2013
Ruling
Voluntary dismissal by substituted debtors denied as they would benefit from original debtors' nondisclosure of personal injury claim.
Procedural posture
Movants, substituted debtors and an individual, filed a motion to dismiss the chapter 7 case under 11 U.S.C.S. § 305(a)(1) or under 11 U.S.C.S. § 707(a) or in the alternative, to stay the case pending resolution of a California action.
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Court
:
- 11 U.S.C.
In re Texas EMC Mgmt. LLC
Feb
24
2012
Ruling
Involuntary case dismissed in best interests of debtors and creditors.
Procedural posture
The court held a hearing on its "Order to Show Cause" why the court should not abstain and dismiss the petitioning creditors' involuntary petitions against the alleged debtors.
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Court
:
- 11 U.S.C.
In re Zais Inv. Grade Ltd. VII
Aug
26
2011
Ruling
Junior noteholders could not contest involuntary petition and did not meet burden of showing cause for abstention.
Procedural posture
Senior noteholders filed an involuntary chapter 11 bankruptcy case against debtor, a Cayman Islands corporation, pursuant to 11 U.S.C.S. § 303(c), the court entered an order for relief after the debtor failed to contest the petition. Movant junior noteholders filed a motion to dismiss the debtor's case pursuant to 11 U.S.C.S. § 1112, urged the court to abstain from hearing the case pursuant to 11 U.S.C.S. § 305(a)(1).
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Court
:
- 11 U.S.C.
In re Beeson
Jul
27
2010
Ruling
Bankruptcy court abstained from and dismissed individual debtor's chapter 11 case where parties and debtors would be settled more properly in divorce proceedings.
Procedural posture
Creditor husband brought a motion for abstention under 11 U.S.C.S. § 305(a)(1), seeking the dismissal of the instant voluntarily filed chapter 11 case filed by debtor wife, asserting that their pending divorce and property action in family court was the proper forum for disposition of property in which the debtor wife had an interest.
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Court
: