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Legal Opinion

Matter of Southern Communities, Inc.

United States Bankruptcy Court, M.D. Florida

Decided January 24, 1986No. Bankruptcy 85-3379PublishedCited by 8 opinions

1Opinion of the Court

ORDER ON MOTION TO DISMISS

ALEXANDER L. PASKAY, Chief Judge.

THIS IS another instance, recurring with more and more frequency in this District, which involves a challenge of the right of a Debtor to maintain a Chapter 11 case. This challenge, usually interposed by a secured creditor who is frustrated by the automatic stay imposed by § 362 of the Bankruptcy Code, is based on the contention that the petition was filed in “bad faith”, therefore, it is appropriate to dismiss the case for “cause” pursuant to § 1112(b) of the Bankruptcy Code. The motion under consideration is filed by Barnett Bank of…

2Cases cited10 opinions

  1. Albany Partners, Ltd. v. Westbrook (In Re Albany Partners, Ltd.)Court of Appeals for the Eleventh Circuit · 1984
  2. In Re Victory Const. Co., Inc.United States Bankruptcy Court, C.D. California · 1981
  3. Meadowbrook Investors' Group v. Thirtieth Place, Inc. (In Re Thirtieth Place, Inc.)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1983
  4. In Re Dutch Flat Investment Co.United States Bankruptcy Court, N.D. California · 1980
  5. Matter of LevinskyUnited States Bankruptcy Court, E.D. New York · 1982

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

3Cited by8 opinions

  1. In Re PowersUnited States Bankruptcy Court, C.D. California · 1991
  2. Matter of GrieshopDistrict Court, N.D. Indiana · 1986
  3. In Re AsbridgeUnited States Bankruptcy Court, D. North Dakota · 1986
  4. Matter of YoungUnited States Bankruptcy Court, D. Delaware · 1987
  5. In Re Aurora Investments, Inc.United States Bankruptcy Court, M.D. Florida · 1991

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

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