Legal Opinion
In Re Adell
United States Bankruptcy Court, M.D. Florida
Decided May 28, 2004No. 9:03-bk-23684-ALPPublishedCited by 5 opinions
1Opinion of the Court
ORDER ON MOTION TO DISMISS
(Doc. No. 145)
ALEXANDER L. PASKAY, Chief Judge.
It is not unusual, as a matter of fact, it is quite common that debtors who are about to lose their homes seek refuge in the court of last resort, which is the Bankruptcy Court. While it is true that this happens as a general rule in Chapter 13 cases, there is nothing in the Bankruptcy Code, which prohibits an individual debtor who is eligible for relief under Chapter 11, to file a Petition for the same reason, even if that is the paramount and at times, the only reason to do so. It cannot be gainsaid that the threat of…
2Cases cited14 opinions
- Albany Partners, Ltd. v. Westbrook (In Re Albany Partners, Ltd.)Court of Appeals for the Eleventh Circuit · 1984
- In the Matter of Little Creek Development Company, Debtor. Little Creek Development Co. v. Commonwealth Mortgage Corp.Court of Appeals for the Fifth Circuit · 1986
- Bankr. L. Rep. P 71,956 in Re Natural Land Corporation, Debtor. Natural Land Corporation v. Baker Farms, Inc.Court of Appeals for the Eleventh Circuit · 1987
- Breeding Motor Freight Lines, Inc. v. Reconstruction Finance Corp.Court of Appeals for the Tenth Circuit · 1949
- State Street Houses, Inc. v. New York State Urban Development Corp. (In Re State Street Houses, Inc.)Court of Appeals for the Eleventh Circuit · 2004
9 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Miller v. Adell (In Re John Richards Homes Building Co.)District Court, E.D. Michigan · 2009
- John Richards Homes Building Co. v. AdellDistrict Court, E.D. Michigan · 2009
- In Re Forest Hill Funeral Home & Memorial Park-East, LLCUnited States Bankruptcy Court, E.D. Oklahoma · 2007
- In Re John Richards Homes Building Co., LLCUnited States Bankruptcy Court, E.D. Michigan · 2011
- John Richards Homes Building Co. v. Adell Broadcasting Corp. (In Re John Richards Homes Building Co.)District Court, E.D. Michigan · 2009