Date of Decision:
January 24, 2019
Whether the debtor's 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 debtor had made insufficient progress toward confirming a plan during the nearly 16 months his case was pending and because the debtor settled a 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 debtor's case was not in the best interest of creditors and the bankruptcy estate.
Full Bankruptcy Court Decision:
The Bankruptcy Appellate Panel dismissed the debtor's appeal.
Full Bankruptcy Appellate Panel/District Court Appeal Opinion: