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IN RE HAMMERSMITH TRUST, LLC

Bankruptcy No. 99-10881-9P1.

243 B.R. 795 (1999)

In re HAMMERSMITH TRUST, LLC, Debtor.

United States Bankruptcy Court, M.D. Florida, Tampa Division.

July 29, 1999.

Attorney(s) appearing for the Case

Marsha G. Rydberg, Tampa, Florida, for debtor.

Edwin G. Rice, Robert B. Glenn, Tampa, Florida, Michael J. Quilling, Dallas, Texas, Scott L. Baena, Miami, Florida, John Yanchunis, Tampa, Florida, Richard Militana, Webster, Florida, Gerald R. Sage, Tampa, Florida, Assistant United States Trustee, Tampa, Florida, for movant.

ORDER ON MOTION TO DISMISS BANKRUPTCY CASE OR ALTERNATIVELY, TO TRANSFER VENUE

ALEXANDER L. PASKAY, Chief Judge.

The Motion under consideration is the initial salvo fired by Michael J. Quilling (Receiver), attacking the right of Hammersmith Trust, LLC, (Debtor) to seek relief under the provisions of Chapter 11 of the Bankruptcy Code. The Receiver contends that the Debtor filed its Petition for Relief in bad faith and that, therefore, the case...

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