Legal Opinion
In re Atlas Red-D Mix, Inc.
United States Bankruptcy Court, S.D. Indiana
Decided November 10, 2015No. CASE NO. 15-4854-RLM-7APublished
1Opinion of the Court
ORDER GRANTING MOTION TO DISMISS
Robyn L. Moberly, United States Bankruptcy Judge
The debtor’s largest, and essentially only, creditor alleges that the debtor filed this chapter 7 case in bad faith and that it should be dismissed. For the reasons stated below, the court agrees and grants the creditor’s motion.
Background
The undisputed facts are as follows. Atlas. Red-D Mix, Inc. (the “debtor”) is an Indiana corporation that operated a ready mix concrete business beginning in 1961. The debtor was a contributing employer to Central States, Southeast and Southwest Areas Pension Fund (the “Fund”), a…
2Cases cited11 opinions
- Perlin v. Hitachi Capital America Corp.Court of Appeals for the Third Circuit · 2007
- In Re American Telecom Corp.United States Bankruptcy Court, N.D. Illinois · 2004
- Michael D. Schwartz v. Barclays Capital, IncorporatedCourt of Appeals for the Seventh Circuit · 2015
- In Re AdolphUnited States Bankruptcy Court, N.D. Illinois · 2011
- In Re Ripley & Hill, P.A.United States Bankruptcy Court, M.D. Florida · 1994
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