11 U.S.C. § 1185
Removal of debtor in possession
Section effective 180 days after
Notes of Decisions
Cited in 11
cases (11 in the last 5 years), 2021–2025 · leading case: Dusan Pittner
Dusan Pittner (2022)
“After a video hearing, the Court, finding cause to convert or dismiss, but also finding that removal of the Debtor from possession pursuant to 11 U.S.C. § 1185 (a) is in the best interest of creditors and the estate, shall remove the Debtor from possession based on the Debtor’s…”
Moore & Moore Trucking, LLC (2022)
“§ SECTION A § MEMORANDUM OPINION Before the Court are (1) the Motion To Remove Debtor as Debtor in Possession Pursuant to 11 U.S.C. § 1185 , or in the Alternative, To Dismiss or Convert Case Pursuant to 11 U.”
Neosho Concrete Products Company (2021)
“Alternatively, the UST argues cause exists to remove Neosho as debtor in possession under 11 U.S.C. § 1185 because Neosho allegedly made preferential transfers to an insider during the preference period.”
Cinemex Holdings USA, Inc. (2025)
“considered the statutory framework of Subchapter V, the Court finds that guidance comes from the provisions relating to the expansion of a Subchapter V trustee’s duties pursuant to section 1183(b)(2) and the provisions addressing the extreme circumstances of removal of a…”
In Re: Coeptis Equity Fund LLC v. Janina Hoskins (2024)
“Coeptis contends that the bankruptcy court abused its discretion when it issued the Removal Order because 11 U.S.C. § 1185 (a) provides that a debtor may be removed as DIP upon the motion of a party in interest, and the bankruptcy court removed Coeptis as DIP on its own motion.”
Green v. Nosek (2022)
“] After possession of the properties was turned over to Schuldner, the United States Trustee filed a motion seeking to again remove the debtor from possession of the property pursuant to 11 U.S.C. § 1185 and appoint the subchapter 7 trustee to assume the debtor’s duties.”
California Palms Addiction Recovery Campus, Inc. v. United States Trustee (2023)
“A week after Appellants filed for bankruptcy, Pender Capital “moved for automatic relief from the automatic stay to allow it to evict [CPARC]” and sought either an “appointment of a trustee under 11 U.S.C. § 1185 (a) or conversion of Appellants’ case to one under Chapter 7, to…”
National Small Business Alliance, Inc. (2022)
“See 11 U.S.C. § 1185 (“On request of a party in interest, and after notice and a hearing, the court shall order that the debtor shall not be a debtor in possession for cause, including fraud, dishonesty, incompetence, or gross mismanagement of the affairs of the debtor, either…”
ComedyMX LLC (2022)
“Section 1184 makes plain that a debtor in possession in a subchapter V case is required to “perform [the] function and duties … 23 11 U.S.C. § 1185 (a).”
Corinthian Communications, Inc. (2022)
“(the “Debtor”), as the debtor in possession pursuant to 11 U.S.C. § 1185 (a).”
In re: USA Cricket (2025)
“…29 ECF No. 109, ¶ 22. 30 11 U.S.C. § 1185 (a). 31 11 U.S.C. §§ 1183 (b)(5) & (b)(7). even if the Court”
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