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Seaview bankruptcy: January 7, 2026 dismissal order and memorandum, ECF 50

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Case 25-23251-MEH Doc 50 Filed 01/07/26 Entered 01/07/26 15:54:27 Desc Main Document Page 5 of 12 In re Seaview Apartments LLC Case No. 25-23251 (MEH) Section 1112(b)(4) provides a non-exhaustive list of grounds that constitute “cause” for dismissal or conversion, including: (A) substantial or continuing loss to or diminution of the estate and the absence of a reasonable likelihood of rehabilitation; [and] (B) gross mismanagement of the estate. 11 U.S.C. § 1112(b)(4); see also In re SGL Carbon Corp., 200 F.3d 154, 160 (3d Cir. 1999). For instance, “[w]here the debtor has no cash flow and no source of income and where the claims against the property of the debtor exceed the property’s value, a debtor has not demonstrated a reasonable likelihood of rehabilitation and dismissal may be appropriate.” In re 865 Centennial Ave. Assocs. Ltd. P’ship, 200 B.R. 800, 810 (Bankr. D.N.J. 1996) (citing In re Brown (First Jersey National Bank v. Brown), 951 F.2d 564, 571 (3d Cir. 1991); see, e.g., In re Gateway Access Sols., Inc., 374 B.R. 556, 562 (Bankr. M.D. Pa. 2007); In re AIG Fin. Prods. Corp, 651 B.R. 463, 475 (Bankr. D. Del. 2023). In other words, the debtor must “do more than manifest unsubstantiated hopes for a successful reorganization.” In re Gateway Access Sols., 374 B.R. at 562. It is also a well-established principle that “Chapter 11 bankruptcy petitions are ‘subject to dismissal under 11 U.S.C. § 1112(b) unless filed in good faith and the burden is on the bankruptcy petitioner to establish [good faith].’” In re 15375 Mem’l Corp. v. Bepco, L.P., 589 F.3d 605, 618 (3d Cir. 2009) (quoting In re Integrated Telecom Express, Inc., 384 F.3d 108, 118 (3d Cir. 2004)). “Whether the good faith requirement has been satisfied is a fact intensive inquiry in which the court must examine the totality of facts and circumstances and determine where a petition falls along the spectrum ranging from the clearly acceptable to the patently abusive.” Id. (quoting In re Integrated Telecom Express, 384 F.3d at 118); see also In re SGL Carbon, 200 F.3d at 162. The Third Circuit has recognized “two inquiries that are particularly relevant to the question of good Page 5 of 12
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