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Legal Opinion

In Re HBA East, Inc.

United States Bankruptcy Court, E.D. New York

Decided June 3, 1988No. 8-19-71124PublishedCited by 62 opinions

1Opinion of the Court

JEROME FELLER, Bankruptcy Judge.

We are confronted with another instance, recently occurring with increasing frequency in the bankruptcy courts, in which the right to seek relief under Chapter 11 of the Bankruptcy Code is challenged on the grounds that the reorganization petition was not filed in good faith. Specifically, before the Court for determination is a motion filed on July 6, 1987 by JEA Boxing Company, Inc. (“JEA”) and Pine Hill Investments, Inc. d/b/a Houston Boxing Association (“Pine Hill”) (collectively “Mov-ants”) to dismiss the Debtors’ Chapter 11 petitions, for cause, pursuant…

2Cases cited30 opinions

  1. Albany Partners, Ltd. v. Westbrook (In Re Albany Partners, Ltd.)Court of Appeals for the Eleventh Circuit · 1984
  2. 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
  3. In Re Victory Const. Co., Inc.United States Bankruptcy Court, C.D. California · 1981
  4. In the Matter of Winshall Settlor's Trust, Julie Winshall, Trustee, Debtor-AppellantCourt of Appeals for the Sixth Circuit · 1985
  5. Bankr. L. Rep. P 71,956 in Re Natural Land Corporation, Debtor. Natural Land Corporation v. Baker Farms, Inc.Court of Appeals for the Eleventh Circuit · 1987

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3Cited by62 opinions

  1. 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
  2. In Re: Integrated Telecom Express, Inc. A/K/A Integrated Technology Express, Inc. A/K/A Delaware Integrated Telecom Express, Inc., Debtor Nmsbpcsldhb, L.P. v. Integrated Telecom Express, Inc. And the Official Committee of Equity HoldersCourt of Appeals for the Third Circuit · 2004
  3. 15375 Memorial Corp. v. BEPCO, L.P.Court of Appeals for the Third Circuit · 2009
  4. In Re RCM Global Long Term Capital Appreciation Fund, Ltd.United States Bankruptcy Court, S.D. New York · 1996
  5. In Re SchlangenUnited States Bankruptcy Court, N.D. Illinois · 1988

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