- 11 U.S.C.
Sofris v. Maple-Whitworth Inc. (In re Maple-Whitworth Inc.)
Feb
10
2009
Ruling
Award of attorneys' fees to involuntary debtor in dismissed case could be assessed against fewer than all petitioning creditors.
Procedural posture
After dismissing an involuntary bankruptcy petition, the bankruptcy court awarded the purported debtor $ 42,257 in attorneys' fees and costs pursuant to 11 U.S.C.S. § 303(i)(1). The bankruptcy court failed to rule on a challenge to the award based on a waiver theory. A divided Ninth Circuit Bankruptcy Appellate Panel (BAP) affirmed the award to fewer than all petitioners. Appellant petitioner appealed.
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Court
:
Judge or Jurisdiction information not available
Trusted Net Media Holdings LLC v. Morrison Agency Inc.
Dec
02
2008
Ruling
Requirements for commencing involuntary bankruptcy are not jurisdictional.
Procedural posture
Appellant debtor sought review of a judgment of the district court for the Northern District of Georgia affirming a bankruptcy court order denying on waiver grounds the debtor's motion to dismiss an involuntary bankruptcy proceeding against the debtor brought by appellee creditor pursuant to 11 U.S.C.S. § 303(b). The court granted rehearing en banc as to one issue.
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Court
:
Judge or Jurisdiction information not available
In re C.W. Mining Co.
Sep
17
2008
Ruling
Creditor that did not receive involuntary debtor's check for balance of debt until after petition date was an eligible petitioning creditor.
Procedural posture
One of the three creditors that filed an involuntary bankruptcy petition against the putative debtor, moved for partial summary judgment regarding their eligibility to commence the involuntary case, based upon their holding undisputed claims against the debtor, under 11 U.S.C.S. § 303(b). The debtor argued that it had tendered payment in full to one of the three creditors, and that its claim was thus not bona fide.
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Court
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In re Analytica Wire Inc.
Sep
04
2008
Ruling
Debtor not entitled to attorneys' fees and costs in involuntary case that was dismissed pursuant to agreement.
Procedural posture
Respondent debtor filed an application for attorney's fees and costs under 11 U.S.C.S. § 303(i) that it incurred while defending petitioner creditor's involuntary bankruptcy petition.
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Court
:
- 11 U.S.C.
In re Brodowski
Jul
22
2008
Ruling
Negative equity in 910 vehicle loan was not secured by purchase money security interest and not protected from bifurcation under hanging paragraph.
Procedural posture
A creditor of a chapter 13 debtor objected to confirmation of the debtor's chapter 13 plan, which proposed to bifurcate the creditor's claim under 11 U.S.C.S. § 506, on the grounds that the hanging paragraph at the end of 11 U.S.C.S. § 1325 did not permit the debtor to cram down its claim.
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Court
:
- 11 U.S.C.
In re Rambo Imaging LLP
Jul
15
2008
Ruling
Involuntary petition dismissed where required "general partner" was acutally a limited partner who lacked standing.
Procedural posture
Petitioner creditor, a partnership, filed a petition under chapter 7 of the Bankruptcy Code, seeking an order requiring another partnership (alleged debtor) to undergo bankruptcy. Petitioner doctor joined the first partnership's action, claiming that he was a general partner of the alleged debtor who had standing under 11 U.S.C.S. § 303(b)(3). The alleged debtor filed a motion to dismiss the petitioners' amended petition.
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Court
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Trusted Net Media Holdings LLC v. Morrison Agency Inc. (In re Trusted Net Media Holdings LLC)
Apr
23
2008
Ruling
Requirements for filing an involuntary petition must be satisfied for the court to have subject matter jurisdiction.
Procedural posture
Appellant debtor challenged a judgment from the District Court for the Northern District of Georgia affirming a bankruptcy court's denial of the debtor's motion to dismiss appellee creditor's involuntary bankruptcy petition, filed under 11 U.S.C.S. § 303(b), for lack of subject matter jurisdiction.
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Court
:
Judge or Jurisdiction information not available
In re Tradex Swiss AG
Dec
12
2007
Ruling
Interim trustee appointed to take possesion of involuntary foreign trading platform and bank accounts until ruling on possible conversion to chapter 15.
Procedural posture
Petitioning creditors filed an involuntary petition against the alleged debtor, a Swiss corporation. The alleged debtor was also the subject of a pending bankruptcy proceeding in Switzerland. Certain foreign liquidators filed a petition for recognition of the Swiss bankruptcy as a "foreign main proceeding" within the meaning of 11 U.S.C. §§ 1502(4) and 1517. They also moved to consolidate the case and convert it to one under chapter 15.
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Court
:
- 11 U.S.C.
In re Mi La Sul
Nov
09
2007
Ruling
Involuntary petitions filed by unsecured creditor in order to negotiate with foreclosing lender during stay dismissed as filed in bad faith.
Procedural posture
A noticed order to show cause hearing was before the court in six related involuntary bankruptcy cases.
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Court
:
( Judge Tighe ) [ Bankruptcy Court ]
In re A&J Quality Diamonds Inc.
Oct
29
2007
Ruling
Failure to pay three petitioning creditors was not sufficient grounds to support involuntary petition.
Procedural posture
After petitioners, three trade creditors, filed an involuntary chapter 7 bankruptcy petition against debtor, which contested the petition, the matter was tried. The only evidence offered was a two-item factual stipulation agreed to by the parties. At issue was whether the creditors were entitled to relief under 11 U.S.C. § 303(h).
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Court
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