Two Rivers Irrevocable Trust, In re
Jul
17
2023
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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Kern, In re
Aug
09
2021
Ruling
Attorneys’ fee application was granted only in part because the work performed by counselwas either clerical or repetitious, unreasonable, or unnecessary. (Bankr. D.N.J.)
Issue(s)
Involuntary Cases; Chapter 7 or 11 Only.
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Judge or Jurisdiction information not available
Alzugaray, In re
Aug
06
2019
Ruling
Petitioning creditors' request to amend the involuntary petition was granted but the request tosever the involuntary petition was denied. (Bankr. D.P.R.)
Issue(s)
Involuntary Cases; Chapter 7 or 11 Only.
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Judge or Jurisdiction information not available
Archdiocese of St. Paul & Minneapolis, In re--Official Comm. of Unsecured Creditors v. Archdiocese of St. Paul & Minneapolis
Apr
26
2018
Ruling
Targeted entities could not be involuntarily substantively consolidated with debtor after committee failed to allege sufficient facts to negate non-profit non-debtor status of the targeted entities. (8th Cir.)
Issue(s)
Involuntary Cases; Chapter 7 or 11 Only.
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Judge or Jurisdiction information not available
In re Archdiocese of St. Paul & Minneapolis
Jul
28
2016
Ruling
Substantive consolidation of debtor Roman Catholic archdiocese with more than 200 Catholicnot-for-profit, nondebtor entities denied. (Bankr. D. Minn.)
Issue(s)
Should the bankruptcy court grant the unsecured creditors committee to substantively consolidate the debtor archdiocese and more than 200 Catholic nonprofit, non-debtor entities?
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Court
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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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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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Porter v. United States of America (In re United States of America)
Jun
01
2006
Ruling
Involuntary proceeding against the United States, which was not an eligible debtor, dismissed as filed in bad faith.
Procedural posture
The United States filed a motion to dismiss an involuntary chapter 7 bankruptcy petition filed against it by pro se petitioning creditors.
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U.S. Bank N.A. v. Young (In re Young)
Jan
12
2006
Ruling
Debtor's lack of subject matter jurisdiction argument based on the debtor's status as a farmer was rejected since section 303(a) of the Code does not provide a jurisdictional challenge but rather an involuntary petition defense, one that the debtor waived by consenting to the petition.
Procedural posture
Defendant debtor appealed from an order of the bankruptcy court granting several of plaintiff creditors'motions for summary judgment, wherein the creditors asserted that debtor was collaterally estopped by a guilty plea from arguing that he did not incur his obligations to them by way of fraud
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In re MAEDC Mesa Ridge
Jul
21
2005
Ruling
Involuntary petition was dismissed since a nonprofit debtor's participation in commercial activity did not make it a moneyed, business, or commercial corporation.
Procedural posture
Debtor, a community housing development organization ("CHDO"), brought a motion for summary judgment in regards to an involuntary bankruptcy petition under 11 U.S.C. § 303(a) brought by the petitioning creditors against debtor.
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