Title Landmark Atlantic Hess Farm, LLC
Entered
Case Number
10-24656
Summary

Motions to dismiss or convert were brought by the United States Trustee and an interested party. The Bankruptcy Court, Duncan W. Keir, Chief J., held that cause for dismissal existed pursuant to 11 U.S.C. § 1112(b) as amended by the Bankruptcy Technical Corrections Act of 2010. In addition to other factual causes for dismissal, the court held that cause was demonstrated under 11 U.S.C. § 1112(b)(4)(A) because the Debtor had continuing postpetition losses and there was no likelihood of rehabilitation . The Debtor had no ongoing business and the purpose of filing the bankruptcy case was to collaterally attack a final order in a separate proceeding.

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