In re East End Development, LLC
United States Bankruptcy Court, E.D. New York
1Opinion of the Court
Memorandum Decision
ROBERT E. GROSSMAN, Bankruptcy Judge.
Before the Court is a motion (“Motion”) by 21 West Water Street Holdings, Inc. (“21 West”) to dismiss the Chapter 11 petition filed by East End Development LLC (the “Debtor”). 21 West, a fifty percent interest holder of the Debtor, claims that MM Sag Harbor LLC (“MM Sag Harbor”), acting as the managing member of the Debtor, lacked the requisite authority to file a petition in bankruptcy without the consent of 21 West, and in the alternative that the petition should be dismissed as a bad faith filing pursuant to 11 U.S.C. § 1112(b). MM…
2Cases cited24 opinions
- W.W.W. Associates, Inc. v. GiancontieriNew York Court of Appeals · 1990
- David T. Thompson and Thompson Communications Companies, Inc. v. Davor G. GjivojeCourt of Appeals for the Second Circuit · 1990
- Carolin Corporation v. Robert J. Miller, Jr.Court of Appeals for the Fourth Circuit · 1989
- In Re Victory Const. Co., Inc.United States Bankruptcy Court, C.D. California · 1981
- William C. Atwater & Co. v. Panama RailroadNew York Court of Appeals · 1927
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