Legal Opinion
In Re Pleasant East Associates
United States Bankruptcy Court, S.D. New York
Decided April 22, 2002No. 18-37032PublishedCited by 2 opinions
1Opinion of the Court
DECISION ON MOTION TO DISMISS CHAPTER 11 CASE
ROBERT E. GERBER, Bankruptcy Judge.
In this contested matter in a case under chapter 11 of the Bankruptcy Code, commenced by Pleasant East Associates (“the Debtor”), the United States Department of Housing and Urban Development (“HUD”), moves, pursuant to Bankruptcy Code section 1112(b), to dismiss the case for “cause,” and in particular for bad faith filing.
As described more fully below, the Court finds that the petition was filed in good faith, but also finds that all of the factors identified by the Second Circuit 1 as justifying dismissal for…
2Cases cited8 opinions
- In the Matter of Woodbrook Associates, Debtor-AppellantCourt of Appeals for the Seventh Circuit · 1994
- Christopher Village, Ltd. Partnership v. RetsinasCourt of Appeals for the Fifth Circuit · 1999
- Pleasant Pointe Apartments, Ltd. v. Kentucky Housing Corp.District Court, W.D. Kentucky · 1992
- Koken v. Reliance Group Holdings, Inc. (In Re Reliance Group Holdings, Inc.)United States Bankruptcy Court, E.D. Pennsylvania · 2002
- In Re Syndicom Corp.United States Bankruptcy Court, S.D. New York · 2001
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3Cited by2 opinions
- In re MurrayUnited States Bankruptcy Court, S.D. New York · 2016
- In Re Century/ML Cable VentureUnited States Bankruptcy Court, S.D. New York · 2003