1. Who were the parties involved in the case? (plaintiff/defendant/respondent/petitioner)

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2. What were the facts in the case?

A mere 8days after it was formally incorporated as a business, Schaefer Salt Recovery Inc. (SSR) filed a petition under Chapter 11 of the bankruptcy code. SSR only assets were mortgagees on 3 properties on which foreclosure actions brought by Segal were pending in court. SSR vice president and attorney, Khoudary, advised Segals attorney that the foreclosure actions could not be enforced as a result of the filing. Presumably this was one of the reasons Khoudary advised Segals attorney that Segal was skunked. Segal moved to dismiss the Chapter 11 petition for cause, arguing that the petition had been filed for the sole purpose of frustrating Segals efforts to conclude the pending foreclosure actions.

Did SST act in bad faith by filing the petition for bankruptcy and will Segal be successful in foreclosing on the mortgages?

3. What was the Rule of Law in the case? (Rule of law the court applies to determine the rights of the parties)

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4.Who won the case? Why?

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