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convert the case to a chapter 7 proceeding, petitioners' case
would be dismissed subject to certain terms and conditions. See
11 U.S.C. sec. 1112(b) (1988).3 In particular, the bankruptcy
court's order of dismissal is conditioned on: (1) petitioners
depositing $40,000 with the bankruptcy trustee and remitting such
additional sums as might be necessary to cover administrative
claims to be awarded by the court; (2) the dismissal with
prejudice of petitioners' motion for the turnover from the
trustee and disgorgement of fees previously paid; (3) staying
relief as to all secured creditors in the event petitioners
should seek protection under any chapter of the Bankruptcy Code
during a 1-year period following the date of entry of the order
of dismissal; and (4) petitioners' filing a certification
indicating that all unsecured creditors have been paid in full
within 90 days of the date of entry of the order of dismissal.
The bankruptcy court's order of dismissal further provides that
the court shall retain jurisdiction over all claims by
petitioners against certain professionals involved in the
bankruptcy proceedings and that the order would be rescinded in
the event of a breach of any term or condition of the order. An
"Amended Notice of Conditional Dismissal of Case" was entered by
the bankruptcy court on May 11, 1995, stating: "Notice is given
3 11 U.S.C. sec. 1112(b) (1988), provides that the bankruptcy court may
convert a case under chapter 11 to a case under chapter 7 or dismiss the case,
whichever is in the best interests of the creditors and the estate, for cause.
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