§ 305(a)(1)

Cwnevada LLC, In re

Ruling: 
Case of debtor involved in marijuana-related business dismissed in the interests of creditorsand debtor. (Bankr. D. Nev.)
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Commercial case opionion summary, case decided on May 15,2019, LexisNexis #0819-052

In re NNN Realty Advisors, Inc.

Ruling: 
Involuntary case dismissed as it would be duplicative of efforts in assignment for benefit ofcreditors pending in state court. (Bankr. S.D. Fla.)
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Commercial case opionion summary, case decided on April 15,2016, LexisNexis #1116-074

In re Gabriel Techs. Corp.

Ruling: 
Suspension of cases pending appeal ordered in best interests of creditors and debtor.
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Commercial case opionion summary, case decided on October 08,2013, LexisNexis #1113-004

In re Garza

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.
Ruling: 
Voluntary dismissal by substituted debtors denied as they would benefit from original debtors' nondisclosure of personal injury claim.
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Consumer case opionion summary, case decided on June 21,2013, LexisNexis #0713-140

In re Texas EMC Mgmt. LLC

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.
Ruling: 
Involuntary case dismissed in best interests of debtors and creditors.
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Commercial case opionion summary, case decided on February 24,2012, LexisNexis #0312-107

In re Zais Inv. Grade Ltd. VII

Senior noteholders filed an involuntary chapter 11 bankruptcy case against debtor, a Cayman Islands corporation, pursuant to 11 U.S.C.S. § 303(c), and 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, and urged the court to abstain from hearing the case pursuant to 11 U.S.C.S. § 305(a)(1).
Ruling: 
Junior noteholders could not contest involuntary petition and did not meet burden of showing cause for abstention.
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Commercial case opionion summary, case decided on August 26,2011, LexisNexis #0911-107

In re Beeson

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.
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.
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Consumer case opionion summary, case decided on July 27,2010, LexisNexis #1010-071

In re Seff Enters. & Holdings LLC

Movant, a member of the debtor, filed a motion seeking for the court to dismiss, abstain, or grant relief from the voluntary petition, under 11 U.S.C.S. §§ 707(a), 305(a)(1), and 362(d)(1), filed by the other member of the debtor.
Ruling: 
Asset-less case dismissed as not benefitting creditors or debtor.
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Commercial case opionion summary, case decided on August 26,2009, LexisNexis #1009-037

In re Compania de Alimentos Fargo S.A.

Petitioners, creditors of an Argentine debtor, filed an involuntary chapter 11 petition. The Argentine debtor filed a motion to dismiss the petition on various grounds, including abstention under 11 U.S.C. § 305(a)(1), pointing out that a current "concurso preventivo" reorganizing the debtor was pending in Argentina. The court converted part of the debtor's motion to one for summary judgment.
Ruling: 
Bankruptcy court abstained from involuntary case against foreign debtor given pending proceeding in Argentina.
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Commercial case opionion summary, case decided on October 12,2007, LexisNexis #1107-005

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