Esmat A. and Sylvia G. Zaklama - Page 3

                                        - 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          bankruptcy proceedings and that the order would be rescinded in             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