Legal Opinion

In Re Schur Management Co., Ltd.

United States Bankruptcy Court, S.D. New York

Decided April 6, 2005No. 19-10118PublishedCited by 7 opinions

1Opinion of the Court

MEMORANDUM OF DECISION

ALLAN L. GROPPER, Bankruptcy-Judge.

This is a pro se motion by creditor Annette Casull-Garcia (“Casull”) to dismiss the Chapter 11 bankruptcy cases filed by Schur Management Company Ltd. (“Schur”) and 915 Sherman Avenue Corporation (“Sherman” and collectively with Schur, the “Debtors”). For the reasons stated below, the Court finds that these bankruptcy proceedings should be dismissed on the ground they were filed prematurely and accordingly not “in good faith” as that term has been defined by applicable case law.

Factual Background

Schur is a holding company for the real…

2Cases cited23 opinions

  1. 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
  2. Carolin Corporation v. Robert J. Miller, Jr.Court of Appeals for the Fourth Circuit · 1989
  3. In Re Carol Freeman Marsch, Debtor (Two Cases). John D. Marsch, Claimant-Appellant v. Carol F. Marsch, (Two Cases)Court of Appeals for the Ninth Circuit · 1994
  4. In the Matter of Cohoes Industrial Terminal, Inc., Debtor. Leon C. Baker, Cross-Appellee v. Latham Sparrowbush Associates, Cross-AppellantCourt of Appeals for the Second Circuit · 1991
  5. In Re: Sgl Carbon Corporation, Debtor Official Committee of Unsecured Creditors, at No. 99-5319 v. Nucor Corporation Nucor-Yamato Steel Company, at No. 99-5382Court of Appeals for the Third Circuit · 1999

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3Cited by7 opinions

  1. In Re Monitor Single Lift I, Ltd.United States Bankruptcy Court, S.D. New York · 2008
  2. In Re. General Growth Properties, Inc.United States Bankruptcy Court, S.D. New York · 2009
  3. In Re Dcnc North Carolina I, LLCUnited States Bankruptcy Court, E.D. Pennsylvania · 2009
  4. Sapphire Development, LLC v. McKayDistrict Court, D. Connecticut · 2014
  5. In re: SPAC RECOVERY CO.United States Bankruptcy Court, S.D. New York · 2026

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