Legal Opinion
In Re Smith
United States Bankruptcy Court, E.D. Pennsylvania
Decided September 3, 1987No. 19-10562PublishedCited by 17 opinions
1Opinion of the Court
OPINION
DAVID A. SCHOLL, Bankruptcy Judge.
We are herein considering together Motions filed under 11 U.S.C. § 1112(b) in these separate and quite distinct bankruptcy cases because the legal issues which they present are quite similar, and when considered together, they illustrate the parameters of the considerations which we believe that we must make in deciding such Motions. We believe that, generally, the moving party has a significant burden in prosecuting such motions. We are very reluctant to read a broad application of the concept of “good faith” into this Code section. We favor dismissal…
2Cases cited39 opinions
- In the Matter of Winshall Settlor's Trust, Julie Winshall, Trustee, Debtor-AppellantCourt of Appeals for the Sixth Circuit · 1985
- In Re Timbers Of Inwood Forest Associates, Ltd.Court of Appeals for the Fifth Circuit · 1987
- Willard Crimm v. Missouri Pacific Railroad Company, a CorporationCourt of Appeals for the Eighth Circuit · 1984
- King & King Enterprises, D/B/A King Gas & Oil and Carl R. King, D/B/A King Gas & Oil v. Champlin Petroleum CompanyCourt of Appeals for the Tenth Circuit · 1981
- Community Counselling Service, Incorporated v. Robert Benedict ReillyCourt of Appeals for the Fourth Circuit · 1963
34 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- In Re GONIC REALTY TRUST, Debtor. Appeal of GONIC REALTY TRUSTCourt of Appeals for the First Circuit · 1990
- Sinkow v. Latimer (In Re Latimer)United States Bankruptcy Court, E.D. Pennsylvania · 1988
- In Re Gulph Woods Corp.United States Bankruptcy Court, E.D. Pennsylvania · 1988
- In Re Mechanical Maintenance, Inc.District Court, E.D. Pennsylvania · 1991
- In Re 1606 New Hampshire Avenue AssociatesUnited States Bankruptcy Court, E.D. Pennsylvania · 1988
12 more not listed; retrieve them via the Exa API.