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§ 303(b)(3)

In re Hassell 2012 Joint Venture & Springwoods Joint Venture

May
08
2015
Ruling
Joint venture was a partnership against which an involuntary petition could be filed.
Issue(s)
Whether the Joint Venture (JV) was a partnership as of the petition date.

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Commercial opinion summary, case decided on May 08, 2015 , LexisNexis #0615-004
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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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Consumer opinion summary, case decided on July 22, 2008 , LexisNexis #1008-003
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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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Commercial opinion summary, case decided on July 15, 2008 , LexisNexis #1008-021
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