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In re John A. Wingert

Bankr. No.: 
95-40479
Chapter: 
11
Date of Decision: 
January 26, 1996
Issue: 
Whether Chapter 11 case should continue where Debtor had died post-petition, where Debtor's brother had been appointed a special administrator under state law to continue the bankruptcy case, and where the special administrator had filed with the bankruptcy court a motion requesting continuance of the case?
Ruling: 
The Court issued a preliminary ruling that the case could continue in a Chapter 11 but that a Chapter 11 trustee needed to be appointed. The state's appointment of a special administrator did not constitute a de facto Chapter 11 trustee appointment under the Bankruptcy Code. After concluding that the case could be converted to a Chapter 7, the Court urged interested parties to file dispositive motions and seek conversion to a Chapter 7, dismissal, or the appointment of a Chapter 11 trustee.
Full Bankruptcy Court Decision: