Summary:
Trident, the Debtor’s main creditor, argued that the bankruptcy filings were part of a “scheme to delay, hinder, or defraud creditors,” as outlined in Section 362(d)(4) of the Bankruptcy Code, due to multiple bankruptcy filings affecting the same property. However, the court found that Trident did not present sufficient evidence to prove this claim.
Multiple factual issues, including the Debtor’s relationship with the property’s tenant and details of the lease, were not substantiated with evidence by either party. The court emphasized that it could not make assumptions based on pleadings alone and denied Trident’s motion without prejudice, allowing the issue to be raised again if more evidence is provided. The court also denied the Debtor’s motion to disqualify Trident’s counsel as moot. Finally, the Debtor was ordered to file a Disclosure Statement and Plan of Reorganization within 30 days.
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