In re Smith
Sep
03
2009
Ruling
Judgment that was not stayed pending appeal was not subject of bona fide dispute and was proper basis for involuntary case.
Procedural posture
A creditor filed an involuntary bankruptcy petition against a judgment debtor of the creditor, and the debtor moved to dismiss the petition on the grounds that the judgment was on appeal, that at least three creditors were required to file the petition, and that abstention was appropriate.
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Court
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