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§ 303(b)

King, In re--Wolverine Endeavors VIII, LLC v. East West Bank

Ruling
Bankruptcy court did not err in dismissing the involuntary petition against debtor pursuant to the numerosity requirements as three petitioning creditors were required to commence case and only two joined the petition. (B.A.P. 9th Cir.)
Issue(s)
Involuntary Cases; Commencement.

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Consumer opinion summary, case decided on October 29, 2024 , LexisNexis #0125-002

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

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

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

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

Sphere Acquisition, LLC v. Bella Hosp. Grp., LLC (In re Bella Hosp. Grp., LLC)

Ruling
Bankruptcy court erred in dismissing debtor's involuntary Chapter 7 case for lack of subject matter jurisdiction as the petitioning creditor's failure to file the required statement was not jurisdictional. (B.A.P. 9th Cir.)
Issue(s)
Involuntary Cases; Commencement.

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Court :
Judge or Jurisdiction information not available
Commercial opinion summary, case decided on February 24, 2023 , LexisNexis #0523-052

Deluxe Bldg. Sols., LLC, In re

Ruling
Claims of three creditors were disqualified as they were subject to a bona fide dispute or werecontingent as to liability or amount. (Bankr. M.D. Pa.)
Issue(s)
Involuntary Cases; Commencement; By Three or More Entities.

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Commercial opinion summary, case decided on October 28, 2022 , LexisNexis #0123-003

Adams, In re

Ruling
Creditor was not qualified to file an involuntary Chapter 7 bankruptcy case against the debtoras the claim against the debtor for equitable subrogation was the subject of a bona fidedispute as to liability or amount. (Bankr. M.D. Fla.)
Issue(s)
Involuntary Cases; Commencement.

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Consumer opinion summary, case decided on October 06, 2022 , LexisNexis #1222-027

Koffee Kup Bakery, Inc., In re

Ruling
Motions to dismiss involuntary petition granted as the claim was subject to a bona fidedispute as to amount. (Bankr. D. Vt.)
Issue(s)
Involuntary Cases; Commencement; By Three or More Entities.

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Commercial opinion summary, case decided on January 14, 2022 , LexisNexis #0322-002