Title Janet Ann Sydnor
Entered
Case Number
08-14229
Summary

Motions for appointment of chapter 11 trustees or alternatively for conversion were filed by the purported largest secured creditor, alleging, inter alia, dishonesty, mismanagement and futility. Debtors, who were married, but in separate cases, opposed the motions and the court held a lengthy evidentiary trial. The Bankruptcy Court, Duncan W. Keir, Chief J., explaining the different analyses of the applicable Bankruptcy Code sections, held that cause existed under both 11 U.S.C. § 1104 and § 1112 for appointment of a trustee, dismissal or conversion. The court found that the appropriate remedy was the appointment of a chapter 11 Trustee who could further assess whether there was any means for a financial reorganization.

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