Legal Opinion

In Re Tornheim

United States Bankruptcy Court, S.D. New York

Decided May 15, 1995No. 19-35198PublishedCited by 40 opinions

1Opinion of the Court

MEMORANDUM DECISION GRANTING MOTION TO DISMISS THE CASE AND DENYING THE DEBTORS’ MOTION FOR ALTERNATIVE RELIEF

STUART M. BERNSTEIN, Bankruptcy Judge.

The Office of the United States Trustee (the “Trustee”) moves to convert, or in the alternative, dismiss this joint Chapter 11 case, which the debtors have done little to prosecute since they filed their petition in January, 1994. The debtors counter that their Chapter 11 case is one in name only, the Court should deem it a Chapter 13 case, and that any fault or failure lies with the Trustee. Alternatively, Mrs. Tornheim seeks to convert her case…

2Cases cited55 opinions

  1. Mullane v. Central Hanover Bank & Trust Co.Supreme Court of the United States · 1950
  2. City of Cleburne v. Cleburne Living Center, Inc.Supreme Court of the United States · 1985
  3. Buckley v. ValeoSupreme Court of the United States · 1976
  4. Pennoyer v. NeffSupreme Court of the United States · 1878
  5. Bordenkircher v. HayesSupreme Court of the United States · 1978

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3Cited by40 opinions

  1. Mitan v. DuvalCourt of Appeals for the Sixth Circuit · 2009
  2. In Re Bh S & B Holdings, LLCUnited States Bankruptcy Court, S.D. New York · 2010
  3. De Jounghe v. Mender (In Re De Jounghe)Bankruptcy Appellate Panel of the First Circuit · 2005
  4. In Re BabayoffUnited States Bankruptcy Court, E.D. New York · 2011
  5. In Re GreenbergUnited States Bankruptcy Court, S.D. New York · 1996

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