In Re Continental Holdings, Inc.

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that “[t]he express language of § 1112(b) indicates that a debtor’s motion to dismiss should not ‘reflexively ... be granted whenever cause exists,’ ”
• finding that there was no likelihood of rehabilitation when debtor lacked a reasonably certain source of income
• addressing motion to convert under § 1112(b), and quoting A. Illum Hansen, Inc. v. Tiana Queen Motel, Inc. (In re Tiana Queen Motel, Inc.), 749 F.2d 146, 149 (2nd Cir. 1984), cert. denied, 471 U.S. 1138, 105 S. Ct. 2681 (1985)
• debtor lacked a reasonable likelihood of rehabilitation where debtor lacked reasonably certain source of income
• The court must make inquiry and compare creditors’ interests in bankruptcy with those they would have under state law if the case were dismissed.
• “The [movant] bears the burden of proof on its motion [to dismiss] by the preponderance of the evidence.”

Source: CourtListener parenthetical corpus (CC0).