Keyword Analysis & Research: chapter 11 bankruptcy motion to dismiss

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Frequently Asked Questions

What constitutes cause for dismissal in a Chapter 11 bankruptcy?

Because good faith is required in the commencement and prosecution of a Chapter 11 case, the lack thereof constitutes ’cause’ for dismissal.” In re Sullivan, 522 B.R. 604 (B.A.P. 9th Cir. 2014). In a chapter 11 bankruptcy, the United States Code allows for a one-time conversion to a chapter 7 bankruptcy.

When to dismiss a case under Chapter 11 or 13?

11 U.S. Code § 707 - Dismissal of a case or conversion to a case under chapter 11 or 13. U.S. Code. Notes. prev next. (a) The court may dismiss a case under this chapter only after notice and a hearing and only for cause, including—. (1)

Can a chapter 13 bankruptcy case be dismissed?

Chapter 13 – See Bankruptcy Code Section 1307 – A debtor has a right to dismiss its Chapter 13 bankruptcy case if the bankruptcy began as a Chapter 13 case, but the court may place restrictions on a debtor's ability to file a subsequent bankruptcy case.

What is subsection a of Chapter 11 bankruptcy?

Subsection (a) gives the debtor an absolute right to convert a voluntarily commenced chapter 11 case in which the debtor remains in possession to a liquidation case.

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