Bankr. No.:
88-10194
Chapter:
12
Date of Decision:
November 8, 1988
Issue:
Bank. Nos. 88-10194 and 88-10195. Whether the Court should grant a creditor's motion for relief from stay or motion to Dismiss where the bankruptcy was filed to prevent foreclosure pursuant to a drop dead clause after the debtor defaulted under a confirmed Chapter 11 plan.
Ruling:
The Chapter 12 case was dismissed under the particular facts of this case - Section 1208(c); In re Ouverson, 79 B.R. 830 (Bkrtcy. N.D. Iowa 1987); In re Route 202 Corp., 37 B.R. 367 (E.D. Penn. 1984); 11 U.S.C. Section 1129(a)(11).
Full Bankruptcy Court Decision:
Appeal Summary:
Notice of Appeal to District Court filed by Debtor. Motion to Dismiss Appeal filed by debtor. Order Dismissing Appeal entered.