Legal Opinion

In re Lake Michigan Beach Pottawattamie Resort LLC

United States Bankruptcy Court, N.D. Illinois

Decided April 5, 2016No. Case No. 15bk42427PublishedCited by 14 opinions

1Opinion of the Court

MEMORANDUM DECISION

TIMOTHY A. BARNES, Judge

The matter before the court arises out of the Motion To Dismiss Case [Dkt. No. 11] (the “Motion”), filed by BCL-Bridge Funding LLC (“BCL ”), seeking dismissal for cause under section 1112(b) of the Bankruptcy Code (as defined below) of the chapter 11 case of Lake Michigan Beach Pottawattamie Resort LLC (the “Debt- or ”). BCL alleges that because the Debt- or filed its bankruptcy petition on the eve of foreclosure and without BCL’s approval as a member of the Debtor, the case was filed in bad faith and must be dismissed.

The matter was argued before…

2Cases cited37 opinions

  1. Citizens United v. Federal Election CommissionSupreme Court of the United States · 2010
  2. Bank of America National Trust & Savings Ass'n v. 203 North LaSalle Street PartnershipSupreme Court of the United States · 1999
  3. Francine Klingman v. Melvin E. LevinsonCourt of Appeals for the Seventh Circuit · 1987
  4. In the Matter of JAMES WILSON ASSOCIATES, Debtor. Appeals of METROPOLITAN LIFE INSURANCE COMPANYCourt of Appeals for the Seventh Circuit · 1992
  5. In the Matter of Madison Hotel Associates, D/B/A the Concourse Hotel, Debtor-AppellantCourt of Appeals for the Seventh Circuit · 1984

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3Cited by14 opinions

  1. Franchise Servs. of N. Am., Inc. v. U.S. Tr. (In Re Franchise Servs. of N. Am., Inc.)Court of Appeals for the Fifth Circuit · 2018
  2. In re Intervention Energy Holdings, LLCUnited States Bankruptcy Court, D. Delaware · 2016
  3. In re Delta AG Grp., LLCUnited States Bankruptcy Court, W.D. Louisiana · 2019
  4. In re Lexington Hospitality Group, LLCUnited States Bankruptcy Court, E.D. Kentucky · 2017
  5. In re Irasel Sand, LLCUnited States Bankruptcy Court, S.D. Texas · 2017

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