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Citizens & Northern Bank v. Monroe Heights Development Corp. (In re Monroe Heights Development Corp.)

Citation: 573 B.R. 613Docket: Case No. 17-10176-TPA

Court: United States Bankruptcy Court, W.D. Pennsylvania; August 22, 2017; Us Bankruptcy; United States Bankruptcy Court

Narrative Opinion Summary

The court, presided over by Judge Thomas P. Agresti, issued an order on August 22, 2017, granting the Expedited Motion to Dismiss the Chapter 11 Bankruptcy Petition filed by Citizens and Northern Bank. The dismissal is effective as of September 6, 2017. However, if the Debtor files a motion for reconsideration by September 5, 2017, challenging the suitability of Shaner Holding Company as Receiver due to allegations of bias or other impediments, the court may postpone the dismissal's effectiveness and hold an evidentiary hearing focused on the issues raised in that motion.

Legal Issues Addressed

Effectiveness of Dismissal Order in Bankruptcy Proceedings

Application: The dismissal order was set to become effective on a specific future date, allowing for the possibility of a motion for reconsideration.

Reasoning: The dismissal is effective as of September 6, 2017.

Expedited Motion to Dismiss a Bankruptcy Petition

Application: The court granted an expedited motion to dismiss the Chapter 11 Bankruptcy Petition filed by the bank, setting an effective date for the dismissal.

Reasoning: The court, presided over by Judge Thomas P. Agresti, issued an order on August 22, 2017, granting the Expedited Motion to Dismiss the Chapter 11 Bankruptcy Petition filed by Citizens and Northern Bank.

Motion for Reconsideration in Bankruptcy Cases

Application: The debtor is provided an opportunity to file a motion for reconsideration, which could delay the effectiveness of the dismissal and lead to further hearings.

Reasoning: However, if the Debtor files a motion for reconsideration by September 5, 2017, challenging the suitability of Shaner Holding Company as Receiver due to allegations of bias or other impediments, the court may postpone the dismissal's effectiveness and hold an evidentiary hearing focused on the issues raised in that motion.