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Section 707 Dismissal of a Case or Conversion to a Case Under Chapter 11 or 13 (Judge Gargotta)

In re Gaston Premier Homes, Ltd. (November 20, 2009)
Issue: Should Debtor’s Chapter 7 bankruptcy case be dismissed when Trustee argues that (1) Chapter 7 petition was filed without the requisite authority to file; (2) case should be dismissed under 11 U.S.C. § 305; and (3) case should be dismissed under 11 U.S.C. § 707?
Holding: Based upon the evidence and pleading of counsel, the Court grants the Joint Motion and will dismiss this matter under section 305.