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Opinion 588

Case Name: 

In re Naartjie Custom Kids, Inc.

Judge: 
Judge Thurman
Date: 
Jul-13-2015
Case Number(s): 
14-29666
Status: 

PUBLISHED

Body: 

The Debtor, joined by the Official Committee of Unsecured Creditors, moved to dismiss its Chapter 11 case and requested that the Court's orders remain in full force and effect.  The United States Trustee objected, arguing that the Court lacked statutory authority to grant a structured dismissal.  The Court found that where cause is shown under § 305(a) or § 1112(b), the Bankruptcy Code authorizes structured dismissal pursuant to the plain language of § 349(b).  Finding that the Debtor had met its burden under § 305(a), the Court accordingly granted the structured dismissal.

Internal Ref: 
Opinion 588
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