Legal Opinion
In Re McStay
United States Bankruptcy Court, E.D. Pennsylvania
Decided February 25, 1988No. 19-10051PublishedCited by 15 opinions
1Opinion of the Court
OPINION
BRUCE I. FOX, Bankruptcy Judge:
In this contested matter, movants seek dismissal of the debtors’ chapter 11 bankruptcy case. Movants argue first that chapter 11 relief is not available to individual debtors not engaged in business and second that the bankruptcy case was not filed in good faith. For the reasons discussed below, I reject both of movants’ arguments. I will thus decline to dismiss the case. 1
I
The debtors in this chapter 11 case are Hugh and Bertha McStay (“the McStays”). Bertha McStay is a salaried employee of a large pharmaceutical company. Hugh McStay is unemployed. It is…
2Cases cited24 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
- In the Matter of Madison Hotel Associates, D/B/A the Concourse Hotel, Debtor-AppellantCourt of Appeals for the Seventh Circuit · 1984
- In the Matter of Winshall Settlor's Trust, Julie Winshall, Trustee, Debtor-AppellantCourt of Appeals for the Sixth Circuit · 1985
- Richard Gonzales, Juliana Gonzales and Michael Dodge v. Barbara Parks and Jerome ParksCourt of Appeals for the Ninth Circuit · 1987
19 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- Carolin Corporation v. Robert J. Miller, Jr.Court of Appeals for the Fourth Circuit · 1989
- In Re N.R. Guaranteed Retirement, Inc.United States Bankruptcy Court, N.D. Illinois · 1990
- In Re Garsal Realty, Inc.United States Bankruptcy Court, N.D. New York · 1989
- In Re Victoria Ltd. PartnershipUnited States Bankruptcy Court, D. Massachusetts · 1995
- In Re MaideUnited States Bankruptcy Court, W.D. Pennsylvania · 1989
10 more not listed; retrieve them via the Exa API.