Legal Opinion
In Re Mandalay Shores Cooperative Housing Ass'n
United States Bankruptcy Court, M.D. Florida
Decided July 13, 1982No. Bankruptcy 81-547PublishedCited by 8 opinions
1Opinion of the Court
ORDER ON MOTION TO DISMISS OR CONVERT
ALEXANDER L. PASKAY, Chief Judge.
THIS IS a Chapter 11 proceeding and the matter under consideration is a Motion to Dismiss the case or, in the alternative, to convert it to a Chapter 7 proceeding. The Motion was filed by Walter N. Smith and various other individuals who refer to themselves as equity security holders. The mov-ants contend that the absence of a reasonable likelihood of rehabilitation of the Debt- or coupled with continuing losses to the estate compel the conversion or dismissal of this case pursuant to § 1112(b)(1).
The facts germane to the…
2Cases cited5 opinions
- Bank of Marin v. EnglandSupreme Court of the United States · 1966
- Sims v. Fidelity Assur. Ass'nCourt of Appeals for the Fourth Circuit · 1942
- Clearwater Citrus Growers' Ass'n v. AndrewsSupreme Court of Florida · 1921
- Hoile v. Unity Life Ins. Co.Court of Appeals for the Fourth Circuit · 1943
- In the Matter of Allen University, an Educational Corporation Chartered by the State of South Carolina, DebtorCourt of Appeals for the Fourth Circuit · 1974
3Cited by8 opinions
- In Re Mandalay Shores Co-Op. Housing Ass'n, Inc.District Court, N.D. Illinois · 1986
- Cournoyer v. Town of LincolnDistrict Court, D. Rhode Island · 1985
- Matter of Condominium Ass'n of Plaza Towers SouthUnited States Bankruptcy Court, S.D. Florida. · 1984
- In Re LangeUnited States Bankruptcy Court, D. Kansas · 1984
- In Re Minnesota Alpha FoundationUnited States Bankruptcy Court, D. Minnesota · 1990
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