Legal Opinion
In Re Florida Brethren Homes, Inc.
United States Bankruptcy Court, S.D. Florida.
Decided July 20, 1988No. 18-17192PublishedCited by 1 opinion
1Opinion of the Court
ORDER DENYING CREDITOR’S MOTION TO DISMISS
THOMAS C. BRITTON, Chief Judge.
A creditor has moved (CP 17) to dismiss this chapter 11 case under 11 U.S.C. § 109(b) and (d). These provisions disqualify “a domestic insurance company” from bankruptcy. The debtor has responded (CP 28) and the motion was heard May 31. The parties and the Florida Department of Insurance have each filed briefs. I now agree with the debtor that the motion should be denied.
The relevant facts are stipulated. (CP 28a).
The debtor, a non-profit church-controlled corporation, built and has operated for 27 years a continuing…
2Cases cited3 opinions
- Piedmont & Northern Railway Co. v. Interstate Commerce CommissionSupreme Court of the United States · 1932
- In Re Prudence Co.Court of Appeals for the Second Circuit · 1935
- Israel-British Bank (London) Ltd. v. Federal Deposit InsuranceCourt of Appeals for the Second Circuit · 1976
3Cited by1 opinion
- In Re Florida Brethren Homes, Inc.United States Bankruptcy Court, S.D. Florida. · 1989