In re Boise County

Ruling: 
Case dismissed where debtor county trust was not insolvent and not an eligible chapter 9 debtor.
Procedural posture: 
Plaintiff, a creditor holding a $4 million judgment against a county for violating the Fair Housing Act (FHA), moved per 11 U.S.C.S. § 921(c) to dismiss a Chapter 9 bankruptcy filed by the county on the ground that it was not eligible to be a Chapter 9 debtor per 11 U.S.C.S. § 109(c) for various reasons including that it was not "insolvent" for purposes of § 109(c)(3) and/or 11 U.S.C.S. § 101(32)(C).
Issue: 
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Commercial case opionion summary, case decided on September 02,2011, LexisNexis #1011-024