Middle District of North Carolina
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Home > Printer-friendly > In re: Aronowitz Delaware 2 Family Limited Partnership (Case No. 21-50464)

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.
 

File: 
PDF icon Aronowitz - Memorandum Opinion Granting Motion to Dismiss.pdf [1]
Judge: 
Benjamin A. Kahn [2]
Date: 
Friday, October 15, 2021
Published: 
No
Index Heading: 
Dismissal
Affirmed: 

Source URL:https://www.ncmb.uscourts.gov/content/re-aronowitz-delaware-2-family-limited-partnership-case-no-21-50464

Links
[1] https://www.ncmb.uscourts.gov/sites/default/files/opinions/Aronowitz%20-%20Memorandum%20Opinion%20Granting%20Motion%20to%20Dismiss_0.pdf [2] https://www.ncmb.uscourts.gov/content/benjamin-a-kahn