You are here

Opinion 61

Case Name: 

In re Colonial Ford, Inc., 24 B.R. 1014 (Bankr.D.Utah)

Judge: 
Judge Mabey
Date: 
Nov-29-1982
Case Number(s): 
82M-0778
Status: 

PUBLISHED

Body: 

Debtor was involved in multiple long-term litigations with its creditors prior to entering bankruptcy. Ultimately, creditors and debtor resolved all claims in their pending lawsuits, except a single cross-claim that was based on an agreement whereby creditors reduced their claims and allowed debtor a period of nine months in which to sell or refinance its dealership. If debtor neither sold nor refinanced within that time, a decree of foreclosure would be entered. Debtor did not sell or refinance and, instead, filed a chapter 11 petition. One of the workout creditors filed a motion requesting that the court abstain, pursuant to 11 U.S.C. § 305(a)(1). The court noted that § 305(a)(1) reflects a policy of favoring private, negotiated workouts between creditors and debtors, both inside and outside of bankruptcy cases. In order to encourage such workouts, § 305(a)(1) allows bankruptcy courts to dismiss or suspend a bankruptcy proceeding if the parties' interests would be better served by that action, and a decision under § 305(a)(1) is non-appealable, pursuant to § 305(c). Although § 305(a)(1) does not specify the criteria for dismissal, the court held that they would include speed, economy, and freedom from litigation, as well as fairness, priorities in distribution, capacity to deal with avoidance issues, and importance to debtor of a discharge. The court found, on the facts before it, that all parties' interests would be better served outside of bankruptcy. Because the parties' workout was comprehensive and designed to end the parties' difficult relations, the court opted for dismissal over suspension of the bankruptcy case.

Internal Ref: 
Opinion 61
File: