Legal Opinion

In Re Braten

United States Bankruptcy Court, S.D. New York

Decided May 9, 1989No. 19-35113PublishedCited by 9 opinions

1Opinion of the Court

DECISION ON MOTION TO DISMISS INVOLUNTARY PETITION

HOWARD SCHWARTZBERG, Bankruptcy Judge.

Milton Braten, the debtor in the above-captioned involuntary Chapter 7 case, has moved for an order dismissing the involuntary petition filed by the Hong Kong and Shanghai Bank (“Hong Kong Bank”) on October 1, 1986, on the ground that he has more than twelve creditors. Alternatively, the debtor moves to dismiss the involuntary petition for neglect of prosecution. The Hong Kong Bank and Bankers Trust Company, which intervened as a second petitioning creditor, oppose the debtor’s motion.

FACTUAL BACKGROUND

In…

2Cases cited17 opinions

  1. In the Matter of Jane Marlene Busick, Debtor-AppelleeCourt of Appeals for the Seventh Circuit · 1987
  2. In Re CrabtreeUnited States Bankruptcy Court, E.D. Tennessee · 1984
  3. In Re RossUnited States Bankruptcy Court, S.D. New York · 1986
  4. Matter of Braten Apparel Corp.United States Bankruptcy Court, S.D. New York · 1982
  5. Matter of Braten Apparel Corp.District Court, S.D. New York · 1983

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3Cited by9 opinions

  1. Booher Enterprises v. Eastown Auto Co. (In Re Eastown Auto Co.)Bankruptcy Appellate Panel of the Sixth Circuit · 1998
  2. In Re Euro-American Lodging Corp.United States Bankruptcy Court, S.D. New York · 2007
  3. In Re. General Growth Properties, Inc.United States Bankruptcy Court, S.D. New York · 2009
  4. In Re Secured Equipment Trust Of Eastern Airlines, Inc., DebtorCourt of Appeals for the First Circuit · 1994
  5. In re Corrline International, LLCUnited States Bankruptcy Court, S.D. Texas · 2014

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