its Motions to dismiss and for relief from the stay. The Court scheduled the Colony Motions for October 26, 2011, at the time it had scheduled a status hearing in the Mezz II case. The parties agreed to conduct discovery on the Colony Motions. Evidence and oral argument were presented on November 22 and 30 and December 5 and 6, 2011. Colony has agreed that the stay will remain in effect until December 31, 2011, or a decision on its Motions. The matter has been fully briefed and is ripe for decision. II. JURISDICTION The Court has subject matter jurisdiction over this contested matter. 28 U.S.C. §§ 1334(b) & 157(b)(1) & (b)(2)(A) & (G). III. DISCUSSION A. Dismissal for Cause Colony asks the Court to dismiss the Mezz II bankruptcy case for cause under section 11 d 108, 118 (3d Cir.2004) (<HOLDING>); In re SGL Carbon Corp., 200 F.3d 154, 162 (3d
holding that an anticipated tax refund was property of the bankruptcy estate as of the date the bankruptcy case was filed holding that case filed by financially healthy company which had already ceased doing business and had no intention of reorganizing or liquidating its assets was filed in bad faith simply to take advantage of bankruptcy codes cap on landlords claim holding that a general release covered plaintiffs claim even though he had already filed an eeoc charge holding that irs was bound by plan and bankruptcy codes method of determining amount of nondischargeable claim where irs had filed proof of claim for nondischargeable tax debt holding that the trust fund doctrine was inapplicable where the corporation had filed bankruptcy