In re South Bay Props. LLC
Nov
10
2010
Ruling
Bad faith dismissed denied as premature when it was not yet clear if debtor could file a confirmable plan.
Procedural posture
Debtor, a North Carolina limited liability company, filed a petition under Chapter 11 of the Bankruptcy Code, and movant creditor filed a motion to dismiss the debtor's case, pursuant to 11 U.S.C.S. § 1112(b), contending that the case was filed in bad faith. A corporation that sold land to the debtor filed a response in support of the creditor's motion. The debtor opposed the motion.
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Court
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