Legal Opinion
In Re Ponn Realty Trust
United States Bankruptcy Court, D. Massachusetts
Decided May 9, 1980No. 19-10610PublishedCited by 30 opinions
1Opinion of the Court
MEMORANDUM ON MOTION TO DISMISS
HAROLD LAVIEN, Bankruptcy Judge.
Debral Realty, Inc., an alleged secured creditor of the debtor, Ponn Realty Trust, has filetl a motion seeking the dismissal of the Chapter 11 proceeding commenced voluntarily by Ponn Realty. The motion to dismiss fails to specify whether the movant is seeking the court’s action pursuant to 11 U.S.C. § 1112 or 11 U.S.C. § 305, 1 but only states that dismissal is appropriate because “the Trust is not an entity entitled to be debtor under the Bankruptcy Code.” A hearing was conducted by the court on the issue of dismissal and…
2Cases cited4 opinions
- United States v. American Trucking AssociationsSupreme Court of the United States · 1940
- Peter Pan Fabrics, Inc. And Henry Glass & Co. v. Martin Weiner Corp.Court of Appeals for the Second Circuit · 1960
- Perry v. Commerce Loan Co.Supreme Court of the United States · 1966
- WOODMAR REALTY COMPANY v. McLEANCourt of Appeals for the Seventh Circuit · 1961
3Cited by30 opinions
- Richard Gonzales, Juliana Gonzales and Michael Dodge v. Barbara Parks and Jerome ParksCourt of Appeals for the Ninth Circuit · 1987
- In Re Johns-Manville Corp.United States Bankruptcy Court, S.D. New York · 1984
- In Re Zelda Moog, Debtor-AppellantCourt of Appeals for the Eleventh Circuit · 1985
- William Joseph Wamsganz and Wanda A. Wamsganz v. Boatmen's Bank of De SotoCourt of Appeals for the Eighth Circuit · 1986
- Hadar Leasing International Co. v. D.H. Overmyer Telecasting Co. (In Re D.H. Overmyer Telecasting Co.)United States Bankruptcy Court, N.D. Ohio · 1982
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