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§ 303

TV Azteca, In re

Ruling
Involuntary Chapter 11 cases had to be dismissed as the petitioning creditors' claims weresubject to a bona fide dispute. (Bankr. S.D.N.Y.)
Issue(s)
Involuntary Cases; Commencement.

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Commercial opinion summary, case decided on November 20, 2023 , LexisNexis #0124-053

TV Azteca, In re

Ruling
Involuntary Chapter 11 cases had to be dismissed as the petitioning creditors' claims weresubject to a bona fide dispute. (Bankr. S.D.N.Y.)
Issue(s)
Involuntary Cases; Commencement.

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Commercial opinion summary, case decided on November 20, 2023 , LexisNexis #0124-053

Blixseth, In re

Ruling
Proposed third-party plaintiffs were not entitled to mandatory intervention in post-dismissalproceeding in involuntary case. (Bankr. D. Nev.)
Issue(s)
Involuntary Cases; Judgment upon Dismissal.

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Consumer opinion summary, case decided on October 27, 2023 , LexisNexis #1223-077

Griffin, In re

Ruling
Involuntary bankruptcy petition was dismissed with prejudice as the petitioning creditor'sclaim was subject to a bona fide dispute. (Bankr. S.D. Tex.)
Issue(s)
Involuntary Cases; Commencement.

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Consumer opinion summary, case decided on October 20, 2023 , LexisNexis #1223-076

Two Rivers Irrevocable Trust, In re

Ruling
Trust was not a business trust as it was created to hold property for estate and family planningpurposes and failed to file federal income tax returns. (Bankr. M.D. Ga.)
Issue(s)
Involuntary Cases; Chapter 7 or 11 Only.

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Commercial opinion summary, case decided on July 17, 2023 , LexisNexis #0923-027

Eletson Holdings, Inc., In re

Ruling
Court exercised its discretion to require the involuntary debtors to file a list of creditors prior to dismissing the case to afford petitioning creditors the opportunity to cure the petition. (Bankr. S.D.N.Y.)
Issue(s)
Involuntary Cases; Commencement.

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Commercial opinion summary, case decided on June 08, 2023 , LexisNexis #0823-002

Blair House Assocs. L.P., In re

Ruling
Trustee's motion to dismiss denied as contrary to the district court's instructions to reconsider award of fees and damages based upon evidence of prior trustee’s subjective intent. (Bankr. D. Me.)
Issue(s)
Involuntary Cases; Judgment upon Dismissal.

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Commercial opinion summary, case decided on May 26, 2023 , LexisNexis #0723-052

Real Est. Partners, LLC v. Summit Healthcare REIT, Inc. (In re Healthcare Real Est. Partners, LLC, hcare--Heal

Ruling
Debtor's aggregate recovery was limited to $75,000 as any fees in excess of that amount were attributable to debtor's unreasonable failure to respond timely to the involuntary petition. (Bankr. D. Del.)
Issue(s)
Involuntary Cases; Judgment upon Dismissal; Award of Costs and Fees.

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Commercial opinion summary, case decided on May 12, 2023 , LexisNexis #0723-001

Dynamic Indus. Saudi Arabia Ltd., In re

Ruling
Bankruptcy court did not err in awarding attorneys' fees and costs to the debtor for services that resulted in the dismissal of involuntary Chapter 7 petition. (Bankr. E.D. La.)
Issue(s)
Involuntary Cases; Judgment upon Dismissal.

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Commercial opinion summary, case decided on April 28, 2023 , LexisNexis #0623-079

HH Tech. Corp., In re

Ruling
Involuntary bankruptcy proceeding filed by two creditors dismissed as three were required and debtor had more than 11 eligible creditors as of the petition date. (Bankr. D. Mass.)
Issue(s)
Involuntary Cases; Commencement; If Fewer than 12 Creditors.

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Commercial opinion summary, case decided on March 31, 2023 , LexisNexis #0523-080