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In Re North Redington Beach Associates, Ltd.

United States Bankruptcy Court, M.D. Florida

Decided September 19, 1988No. Bankruptcy 88-4188-8P1PublishedCited by 21 opinions

1Opinion of the Court

ORDER ON MOTION TO DISMISS

ALEXANDER L. PASKAY, Chief Judge.

THIS IS a Chapter 11 case filed on July 25, 1988. The matter under consideration is a Motion to Dismiss the Chapter 11 case based on the alleged bad faith of North Redington Beach Associates, Ltd. (Debtor). The Motion is filed pursuant to § 1112(b) of the Bankruptcy Code which authorizes a dismissal for “cause” and cause now has been construed to include the bad faith of the Debtor to seek relief under this Chapter. See In re Victory Construction Company, 9 B.R. 549 (Bkrtcy.C.D.Cal.1981).

The Motion is filed by City Federal Savings…

2Cases cited13 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 Edward J. Waldron, Debtors, Shell Oil Company, Cross-Appellee v. Edward J. Waldron and Elizabeth M. Waldron, His Wife, Cross-AppellantsCourt of Appeals for the Eleventh Circuit · 1986
  4. In Re Victory Const. Co., Inc.United States Bankruptcy Court, C.D. California · 1981
  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 by21 opinions

  1. Carolin Corporation v. Robert J. Miller, Jr.Court of Appeals for the Fourth Circuit · 1989
  2. Centofante v. CBJ Development, Inc. (In Re CBJ Development, Inc.)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1996
  3. In Re Garsal Realty, Inc.United States Bankruptcy Court, N.D. New York · 1989
  4. In Re Star TrustUnited States Bankruptcy Court, M.D. Florida · 1999
  5. PNC Bank, National Ass'n v. Park Forest Development Corp. (In Re Park Forest Development Corp.)United States Bankruptcy Court, N.D. Georgia · 1996

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