- 3 - 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claims by petitioners against certain professionals involved in the bankruptcy proceedings and that the order would be rescinded in the event of a breach of any term or condition of the order.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.Page: Previous 1 2 3 4 5 6 7 8 9 10 Next
Last modified: May 25, 2011