- 11 U.S.C.
Deluxe Bldg. Sols., LLC, In re
Oct
28
2022
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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Court
:
- 11 U.S.C.
Koffee Kup Bakery, Inc., In re
Jan
14
2022
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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Court
:
- 11 U.S.C.
Manolo Blahnik USA, Ltd, In re
Aug
18
2020
Ruling
Motion to dismiss involuntary case denied as at least one of the petitioning creditor's claimswas not subject to bona fide dispute. (Bankr. S.D.N.Y.)
Issue(s)
Involuntary Cases; Commencement; By Three or More Entities.
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Court
:
- 11 U.S.C.
Hl Builders, In re
Feb
18
2020
Ruling
Petitioning creditors lacked standing to bring an involuntary petition against target debtorwhere one claim was contingent and others subject to bona fide disputes. (Bankr. S.D. Tex.)
Issue(s)
Involuntary Cases; Commencement; By Three or More Entities.
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Court
:
- 11 U.S.C.
QDOS, Inc., In re--Hayden v. QDOS, Inc.
Nov
07
2019
Ruling
Court erred in dismissing involuntary Chapter 11 petition based on insufficiency in thenumber of petitioning creditors without allowing opportunity for joinder to all creditors.(B.A.P. 9th Cir.)
Issue(s)
Involuntary Cases; Commencement; By Three or More Entities.
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Court
:
Judge or Jurisdiction information not available
- 11 U.S.C.
In re Agrawal
Nov
01
2016
Ruling
Non-default judgment not stayed on appeal is not subject to bona fide dispute for purpose ofinvoluntary petition. (Bankr. W.D. Okla.)
Issue(s)
Involuntary Cases; Commencement; By Three or More Entities.
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Court
:
- 11 U.S.C.
Fustolo v. 50 Thomas Patton Drive, LLC
Feb
24
2016
Ruling
Creditor could join in involuntary petition where amount of debtor’s liability on notes wasnot subject to bona fide dispute although judgment against creditor was on appeal. (1st Cir.)
Issue(s)
Was creditor qualified to join with two other creditors holding non-contingent, undisputed claims in an involuntary bankruptcy petition?
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Judge or Jurisdiction information not available
- 11 U.S.C.
In re American Res. & Energy LLC
Jul
15
2014
Ruling
Involuntary case dismissed due to existence of bona fide disputes with three petitioning creditors.
Issue(s)
Whether the petitioning creditors' claims were "not contingent as to liability or the subject of a bona fide dispute as to liability or amount," as required of petitioning creditors in an involuntary case and whether the petition was even properly brought by the petitioning creditors?
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Court
:
- 11 U.S.C.
In re Guerra
Feb
11
2014
Ruling
Involuntary case dismissed as one petitioning creditor obtained claim solely in order to file petition and the other's claim was subject to bona fide dispute.
Issue(s)
Were petitioning creditors ineligible to bring involuntary case due to existence of bona fide disputes over claims?
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Court
:
- 11 U.S.C.
In re Elverson
May
15
2013
Ruling
Involuntary petition dismissed as petitioning creditor's claim was subject to bona fide dispute.
Procedural posture
A putative creditor filed an involuntary bankruptcy petition against a proposed bankruptcy debtor alleging that the debtor owed the creditor a substantial sum for loans made to the debtor over a period of 15 to 20 years. The debtor asserted that the creditor's claim was subject to bona fide dispute, and the debtor moved to dismiss the involuntary petition based on lack of standing under 11 U.S.C.S. § 303(b)(1).
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