In re Ransome Group Investors I LP
Dec
14
2009
Ruling
Petitioning creditor in involuntary case not required to post bond pending resolution of bad faith issue absent cause.
Procedural posture
A petitioning creditor filed an involuntary bankruptcy petition against the alleged debtor. The debtor filed a motion to dismiss the involuntary petition on the grounds that the petition was filed in bad faith and that the creditor's claim was subject to a bona fide dispute within the meaning of 11 U.S.C.S. § 303(b). The debtor asked the court to require the creditor to post an indemnity bond pursuant to § 303(e) pending resolution of the issues.
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Court
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