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§ 303(b)(1)

Riverview Trenton R.R. v. DSC Ltd. (In re DSC Ltd.)

May
23
2007
Ruling
Bankruptcy court did not err in setting joinder deadline in involuntary case resulting in dismissal for insufficient number of creditors.
Procedural posture

Appellants challenged the decision of the District Court for the Eastern District of Michigan that affirmed the decision of the bankruptcy court that dismissed an amended involuntary petition for bankruptcy due to the lack of a sufficient number of qualified creditors under 11 U.S.C. § 303(b)(1).

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Court :
Judge or Jurisdiction information not available
opinion summary, case decided on May 23, 2007 , LexisNexis #0607-081
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In re Downstate News Group Inc.

May
31
2006
Ruling
Motion to dismiss involuntary case was granted since creditor had failed to show that claims were not subject of bona fide dispute.
Procedural posture

The creditors filed an action pursuant to 11 U.S.C. § 303(b)(1) against the debtor to commence an involuntary case of bankruptcy under chapter 7. The debtor filed a motion to dismiss.

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opinion summary, case decided on May 31, 2006 , LexisNexis #0606-071
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Metz v. Dilley (In re Dilley)

Mar
16
2006
Ruling
Debtor's not guilty plea in a criminal case was not sufficient to demonstrate a bona fide dispute as to liability regarding the creditor's claims.
Procedural posture

Appellants, petitioning creditors, sought review of an order of the Bankruptcy Court for the District of Maine that dismissed, on summary judgment, the involuntary petition on the grounds that the petitioning creditors'claims were the subject of a bona fide dispute as to liability within the meaning of 11 U.S.C. § 303(b)(1).

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Court :
Judge or Jurisdiction information not available
opinion summary, case decided on March 16, 2006 , LexisNexis #0306-114
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In re Dilley

Sep
15
2005
Ruling
Debtor's not guilty plea in criminal homicide case raised liability dispute warranting dismissal of an involuntary chapter 7 case filed by the deceased's estate and children.
Procedural posture

Chapter 7 debtor filed a motion to dismiss the involuntary chapter 7 petition filed against the debtor pursuant to 11 U.S.C. § 303(b)(1) by petitioners, the estate of his deceased wife and the conservator for each of her two surviving children. The court treated the motion as one for summary judgment because matters outside the pleadings were offered for consideration. Debtor also filed a request for abstention.

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opinion summary, case decided on September 15, 2005 , LexisNexis #0106-041
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