In re Kruger Props. LLC

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), and 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.
Issue: 
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Commercial case opionion summary, case decided on May 27,2009, LexisNexis #0809-020