Legal Opinion

In Re 1020 Warburton Avenue Realty Corp.

United States Bankruptcy Court, S.D. New York

Decided May 31, 1991No. 18-36690PublishedCited by 6 opinions

1Opinion of the Court

DECISION ON MOTION FOR AN ORDER DISMISSING INVOLUNTARY PETITION

HOWARD SCHWARTZBERG, Bankruptcy Judge.

The debtor in this involuntary Chapter 11 case, 1020 Warburton Avenue Realty, has moved pursuant to Bankruptcy Rules 1017 and 9014 and 11 U.S.C. §§ 303 and 1112(b), for an order dismissing the involuntary Chapter 11 petition because it was filed in bad faith and is a perversion of the bankruptcy process. The involuntary Chapter 11 petition was filed by the National Bank of Canada (“National”) and three trade creditors who collectively allege that they hold claims against the debtor that are…

2Cases cited4 opinions

  1. Albany Partners, Ltd. v. Westbrook (In Re Albany Partners, Ltd.)Court of Appeals for the Eleventh Circuit · 1984
  2. In the Matter of Little Creek Development Company, Debtor. Little Creek Development Co. v. Commonwealth Mortgage Corp.Court of Appeals for the Fifth Circuit · 1986
  3. Carolin Corporation v. Robert J. Miller, Jr.Court of Appeals for the Fourth Circuit · 1989
  4. Idaho, Dept. of Lands v. Arnold (In re Arnold)Court of Appeals for the Ninth Circuit · 1986

3Cited by6 opinions

  1. Dishi & Sons v. Bay Condos LLCDistrict Court, S.D. New York · 2014
  2. Contemporary Mortgage Bankers, Inc. v. High Peaks Base Camp, Inc.District Court, N.D. New York · 1993
  3. In Re Snergy Properties, Inc.United States Bankruptcy Court, S.D. New York · 1991
  4. In Re Con Am Grandview Associates, L.P.District Court, S.D. New York · 1995
  5. In re 1701 Commerce, LLCUnited States Bankruptcy Court, N.D. Texas · 2012

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