In re: Aronowitz Delaware 2 Family Limited Partnership (Case No. 21-50464)

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Memorandum Opinion granting the Motion to Dismiss the Debtor’s Case or Convert to a Case Under Chapter 7 of the Bankruptcy Code. Cause for dismissal exists under § 1112(b)(1) because Debtor filed this case in bad faith under the standard set out in Carolin Corp. v. Miller, 886 F.2d 693 (4th Cir. 1989). Further, cause exists under § 1112(b)(4)(A) due to a substantial continuing loss or diminution of the estate and absence of a reasonable likelihood of rehabilitation. In excising its discretion, the Court determined that dismissal, rather than converting the case, is appropriate.
 

Date: 
Friday, October 15, 2021
Published: 
No
Index Heading: 
Dismissal
Affirmed: