In re Taub
Oct
28
2010
Ruling
Petitioning creditor's second involuntary petition against debtor dismissed due to bona fide dispute.
Procedural posture
One creditor, a former tenant of the creditor, brought a second involuntary Chapter 7 bankruptcy petition against the debtor, asserting a claim in the amount of $200,000. The debtor moved to dismiss the petition, and for an award of attorney's fees and costs pursuant to 11 U.S.C.S. § 303(i).
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Court
:
In re Smith
Oct
12
2010
Ruling
Order for relief in involuntary case was proper where state court's failure to specify interest rate in judgment did not create a bona fide dispute.
Procedural posture
A creditor filed an involuntary bankruptcy petition against an alleged debtor after the creditor obtained a summary judgment against the debtor based on a guaranty obligation, and the bankruptcy court determined that the debt was not subject to bona fide dispute. Upon remand from the District Court for the Northern District of Texas, the bankruptcy court considered a state appellate ruling that the summary judgment was not final.
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Court
:
- 11 U.S.C.
In re Selectron Mgmt. Corp.
Sep
27
2010
Ruling
Involuntary petition dismissed as relating to a two-party dispute.
Procedural posture
An involuntary chapter 7 petition was filed against an alleged debtor by a petitioning creditor pursuant to 11 U.S.C.S. § 303. The alleged debtor asserted that the matter was a two- party dispute that did not belong before the bankruptcy court and also denied that the petitioning creditor was the holder of a claim. To cure this infirmity, counsel for the petitioning creditor filed a joinder by the alleged proper holder of the claim.
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Court
:
In re TRED Holdings LP
Sep
03
2010
Ruling
Petitioning creditors assessed fees and costs for filing involuntary case against debtor to prevent foreclosure.
Procedural posture
Petitioning creditors filed an involuntary petition under Chapter 7 of the Bankruptcy Code, seeking an order forcing an alleged debtor into bankruptcy. The debtor obtained an order dismissing the petition, and it asked the court for an award of actual and punitive damages, pursuant to 11 U.S.C.S. § 303(i).
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Court
:
In re FKF Madison Park Group Owner LLC
Sep
03
2010
Ruling
No bar to joinder of additional creditors exists in involuntary cases regardless of good faith of petitioning creditors.
Procedural posture
Alleged debtors filed motions to dismiss the involuntary bankruptcy petitions (IPs) filed by four creditors. Additional creditors joined in the IPs. The alleged debtors argued that the IPs should be dismissed as they had been filed in bad faith and that the bar to joinder doctrine should be applied to the case. Consideration was given specifically to the joinder issue.
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Court
:
- 11 U.S.C.
In re Soderberg & Schafer CPAS LLC
Aug
06
2010
Ruling
Involuntary petition upheld where appeal which debtor had filed to seek stay was not subject to bona fide dispute.
Procedural posture
Petitioner creditor filed an involuntary chapter 7 petition under 11 U.S.C.S. § 303 against respondent debtor, a limited liability company (LLC). The debtor filed its answer contesting the allegations of the petition, and the court held an evidentiary hearing.
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Court
:
- 11 U.S.C.
In re Jacques
Jul
23
2010
Ruling
Dismissal of involuntary petition denied where petitioning creditor met burden and conversion to voluntary chapter 13 case denied as debtor was not qualified.
Procedural posture
A debtor filed a motion to convert an involuntary petition commenced against him under Chapter 7 to a voluntary petition under chapter 13. Alternatively, he sought dismissal of the involuntary petition, alleging that it was filed against him improperly and in bad faith. The debtor also counterclaimed against the petitioning creditor, seeking damages for embarrassment and defamation and an order requiring her to post a bond to indemnify him.
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Court
:
In re Staxxring Inc.
May
28
2010
Ruling
Involuntary case dismissed where only two petitioning creditors had claims not subject to bona fide dispute.
Procedural posture
The court held a hearing on the Motion to Dismiss Involuntary Petition filed by Alleged Debtor. On the other side of the Motion were the Petitioning Creditors.
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Court
:
In re Starlite Houseboats Inc.
Mar
23
2010
Ruling
Involuntary case dismissed due to improper service and bona fide dispute as to judgment claim of one petitioning creditor.
Procedural posture
Three creditors of the debtor corporation filed an involuntary chapter 7 petition pursuant to 11 U.S.C.S. § 303. The debtor filed a motion to dismiss for lack of proper service under Kan. Stat. Ann. § 60-204 Fed. R. Civ. P. 4(h), and a motion for dismissal of the petition or abstention.
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Court
:
- 11 U.S.C.
In re Tamarack Resort LLC
Mar
17
2010
Ruling
Dismissal of involuntary petition denied where petitioning creditors were qualified and debtor was not paying debts as they became due.
Procedural posture
An involuntary petition was filed against debtor by petitioning creditors. Another creditor joined in the petition. Debtor answered and contested the petition. Debtor also asked, should the petition be dismissed, that the court award attorney's fees under 11 U.S.C.S. § 303(i)(1) and impose punitive damages under § 303(i)(2)(B).
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Court
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