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IN RE LIBERATE TECHNOLOGIES

No. 04-31394-TC.

314 B.R. 206 (2004)

In re LIBERATE TECHNOLOGIES, Debtor.

United States Bankruptcy Court, N.D. California.

September 8, 2004.

Attorney(s) appearing for the Case

Desmond J. Cussen, Gibson, Dunn and Crutcher, San Francisco, CA, for Debtors.

OPINION

THOMAS E. CARLSON, Bankruptcy Judge.

A creditor moves to dismiss this chapter 11 case, asserting that the petition was filed in bad faith because Debtor does not need bankruptcy protection. Although Debtor's business is unsuccessful, dismissal is appropriate, because Debtor has cash well in excess of its liabilities and does not need bankruptcy protection to avoid wasteful liquidation of its business assets.

FACTS

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