- Case Type:
- Case Status:
- Reversed and Remanded
- CC-18-1185-FLS, 2019 WL 1096334 (9th Circuit, Mar 06,2019) Not Published
- Bankruptcy court cannot sua sponte dismiss debtor's chapter 11 case without providing debtor with proper notice prior to dismissing its case or considering the best interests of the estate and creditors.
- Procedural context:
- Debtor filed a chapter 11 petition signed by its president. Debtor timely filed its proposed disclosure statement and proposed chapter 11 plan. Bayview objected to approval of Debtor's disclosure statement. At a status conference and hearing on Debtor's disclosure statement, the bankruptcy court sua sponte dismissed Debtor's case.
- Debtor claimed a 25% interest in real property. Bayview was the servicer for Bank of New York Mellon, which held the first deed of trust against the property.
- Faris, Lafferty, Spraker
Dekhtyar v. Chernyavsky (In re Dekhtyar)
Summarizing by Bradley Pearce
2867 in the system
1 Being Processed