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Legal Opinion

In Re the Bible Speaks

United States Bankruptcy Court, D. Massachusetts

Decided October 8, 1986No. 19-40269PublishedCited by 30 opinions

1Opinion of the Court

OPINION

JAMES F. QUEENAN, Jr., Bankruptcy Judge.

This case presents the important question of whether or not a debtor may request reorganization under Chapter 11 of the Bankruptcy Code for the primary purpose of resolving a serious dispute with a third party which is pending in the state courts. Elizabeth Dovydenas (“Mrs. Do-vydenas”) moves to dismiss this Chapter 11 proceeding pursuant to 11 U.S.C. § 1112(b) on the ground that it was filed in “bad faith.” Alternatively, she moves that the Court either abstain, pursuant to 28 U.S.C. § 1334(c), from hearing litigation pending in the state courts…

2Cases cited31 opinions

  1. Northern Pipeline Construction Co. v. Marathon Pipe Line Co.Supreme Court of the United States · 1982
  2. Thompson v. Magnolia Petroleum Co.Supreme Court of the United States · 1940
  3. Securities & Exchange Commission v. United States Realty & Improvement Co.Supreme Court of the United States · 1940
  4. In Re Victory Const. Co., Inc.United States Bankruptcy Court, C.D. California · 1981
  5. Parker v. SimpsonMassachusetts Supreme Judicial Court · 1902

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3Cited by30 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. In Re HBA East, Inc.United States Bankruptcy Court, E.D. New York · 1988
  4. In Re Fox Island Square PartnershipUnited States Bankruptcy Court, N.D. Illinois · 1989
  5. In Re. General Growth Properties, Inc.United States Bankruptcy Court, S.D. New York · 2009

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