In re Dennis

W.D. New York

In re Dennis

90 B.R. 607, 1988 U.S. Dist. LEXIS 9121, 1988 WL 98290

CourtDistrict Court, W.D. New York

DecidedAugust 17, 1988

DocketNos. CIV-87-1255E, B-84-10302 M

StatusPublished

Cited by2 cases

This text of 90 B.R. 607 (In re Dennis) is published on Counsel Stack Legal Research, covering District Court, W.D. New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

In re Dennis, 90 B.R. 607, 1988 U.S. Dist. LEXIS 9121, 1988 WL 98290 (W.D.N.Y. 1988).

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Opinion

MEMORANDUM AND ORDER

ELFVIN, District Judge.

The Central Trust Company (“Central”) appeals from the judgment of the Bankruptcy Court entered July 9, 1987 dismissing the debtors’ Chapter 11 petition.¹ Central, through its attorney, Paul S. Gros-chadl, Esq., avers that the debtors moved for dismissal with the intention to refile under Chapter 12. Groschadl Affidavit, ¶4. It argues that such refiling is prohibited by section 302(c)(1) of the Family Farmer Bankruptcy Act of 1986, Public Law No. 99-554.

It is the dismissal of the Chapter 11 petition, not the legality of some possible future action on the part of the debtor that is appealable. Section 302(c) does not prohibit the dismissal of a Chapter 11 petition merely because a debtor might later attempt to file under Chapter 12.²

Accordingly, it is hereby ORDERED that the ORDER of dismissal entered July 9, 1987 is affirmed and that this appeal is dismissed.

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MEMORANDUM AND ORDER

ELFVIN, District Judge.

The Central Trust Company (“Central”) appeals from the judgment of the Bankruptcy Court entered July 9, 1987 dismissing the debtors’ Chapter 11 petition.¹ Central, through its attorney, Paul S. Gros-chadl, Esq., avers that the debtors moved for dismissal with the intention to refile under Chapter 12. Groschadl Affidavit, ¶4. It argues that such refiling is prohibited by section 302(c)(1) of the Family Farmer Bankruptcy Act of 1986, Public Law No. 99-554.

It is the dismissal of the Chapter 11 petition, not the legality of some possible future action on the part of the debtor that is appealable. Section 302(c) does not prohibit the dismissal of a Chapter 11 petition merely because a debtor might later attempt to file under Chapter 12.²

Accordingly, it is hereby ORDERED that the ORDER of dismissal entered July 9, 1987 is affirmed and that this appeal is dismissed.

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Bluebook (online)

90 B.R. 607, 1988 U.S. Dist. LEXIS 9121, 1988 WL 98290, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-dennis-nywd-1988.

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