Date of Decision:
January 24, 2019
Whether the debtors' chapter 11 case should be dismissed for cause under 11 U.S.C. § 1112(b)?
Yes. The creditor's motion to dismiss was granted because the debtors had made insufficient progress toward confirming a plan during the nearly 16 months their case was pending and because the debtors settled their crop insurance claim without notice or court approval and spent some of the proceeds without permission from the Court. The Court did not find unusual circumstances establishing that dismissing the debtors' case was not in the best interest of creditors and the bankruptcy estate.
Full Bankruptcy Court Decision:
The Bankruptcy Appellate Panel dismissed the debtors' appeal.
Full Bankruptcy Appellate Panel/District Court Appeal Opinion: