IN RE BAL HARBOUR CLUB, INC.

No. 00-12295.

316 F.3d 1192 (2003)

In Re: THE BAL HARBOUR CLUB, INC., Debtor. The Bal Harbour Club, Inc., Plaintiff-Appellant, v. AVA Development, Inc., AVA Acquisition Corporation, BHC Acquisition Corporation, Defendants-Appellees.

United States Court of Appeals, Eleventh Circuit.

January 2, 2003.


Attorney(s) appearing for the Case

Alan G. Greer, Richman, Greer, Weil, Brumbaugh, Mirabito & Christensen, PA, Thomas E. Lauria, White & Case, Miami, FL, for Plaintiff-Appellant.

Paul J. Battista, Kelley, Drye & Warren, LLP, John Howard Genovese, Genovese, Lichtman, Joglove & Battista, Miami, FL, for Defendants-Appellees.

Before TJOFLAT, DUBINA and MESKILL, Circuit Judges.


TJOFLAT, Circuit Judge:

In this case, the bankruptcy court dismissed the debtor's Chapter 11 bankruptcy case for cause, pursuant to 11 U.S.C. § 1112(b), concluding that the debtor, in commencing the Chapter 11 proceeding, had abused the bankruptcy process. The district court affirmed on appeal, concluding that the bankruptcy court committed no error in its application of section 1112(b) to the facts before it. The debtor now appeals, contending that the bankruptcy...

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