Creditor’s motion to dismiss the Chapter 11 filing affirmed on appeal to the District Court on the basis the filing was in bad faith and the debtor would be unable to propose a feasible plan to reorganize that would be approved by the creditors.

Claim by unscheduled lessee to challenge approved Chapter 11 Plan of reorganization and to seek adequate protection denied on the basis the lessee had prior notice of the proceeding to approve the Plan and did not timely object.

Chapter 7 liquidating trustee failed to state a claim to recover assets transferred by debtor on the basis of a fraudulent transfer where the asset had been transferred as pre-petition sale in exchange for promise of preferred stock in the purchaser to be issued in six months. Consequently the complaint did not plead a fraudulent transfer but rather a claim for breach of contract despite the purchaser’s failure to eventually issue the stock and the purchaser’s subsequent fraudulent transfer of its assets to third-parties. Moreover liquidating trustee’s claim that the asset sold by had been converted pre-petition by purchaser, that title therefore remained with the trustee and defendants were therefore liable for conversion of the assets, was dismissed. Complaint failed to state a fiduciary relation between debtor and the purchasers that would give rise to a conversion claim on behalf of the debtor.