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Legal Opinion

In Re Fmo Associates II, LLC

United States Bankruptcy Court, E.D. New York

Decided February 13, 2009No. 1-16-41653PublishedCited by 9 opinions

1Opinion of the Court

MEMORANDUM DECISION

ROBERT E. GROSSMAN, Bankruptcy Judge.

Before the Court is a motion by FMO Associates II, LLC (the “Debtor”) to convert its Chapter 7 case to a ease under Chapter 11 pursuant to 11 U.S.C. § 706. The Debtor urges the Court to grant the motion arguing that it has not acted in bad faith and is therefore eligible to be a debt- or under Chapter 11. The Chapter 7 Trustee, Kenneth Kirschenbaum, opposes the motion, arguing that conversion of the Debtor’s case to a case under Chapter 11 would serve no purpose. The Trustee also argues due to the particular circumstances regarding the…

2Cases cited10 opinions

  1. Grogan v. GarnerSupreme Court of the United States · 1991
  2. Marrama v. Citizens Bank of Mass.Supreme Court of the United States · 2007
  3. Albany Partners, Ltd. v. Westbrook (In Re Albany Partners, Ltd.)Court of Appeals for the Eleventh Circuit · 1984
  4. Pleasant Pointe Apartments, Ltd. v. Kentucky Housing Corp.District Court, W.D. Kentucky · 1992
  5. In Re Copy Crafters Quickprint, Inc.United States Bankruptcy Court, N.D. New York · 1988

5 more not listed; retrieve them via the Exa API.

3Cited by9 opinions

  1. In Re ArmstrongUnited States Bankruptcy Court, E.D. New York · 2009
  2. In re MillerUnited States Bankruptcy Court, E.D. Tennessee · 2013
  3. In re SammutUnited States Bankruptcy Court, E.D. Michigan · 2012
  4. In re HunterUnited States Bankruptcy Court, M.D. North Carolina · 2019
  5. Foster v. Holder (In re Foster)District Court, N.D. Texas · 2015

4 more not listed; retrieve them via the Exa API.

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