Skip to main content

§ 303(b)

Williams, In re

Ruling
Petitioning creditor could bring involuntary case as he held a noncontingent, undisputedclaim exceeding $16,750 and that the debtor was not paying her debts as they came due. (Bankr.W.D. La.)
Issue(s)
Involuntary Cases; Commencement; If Fewer than 12 Creditors.

ABI Membership is required to access the full summary of Williams, In re Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Consumer opinion summary, case decided on November 09, 2021 , LexisNexis #0122-003

Seven Three Distilling Co., LLC, In re

Ruling
In an involuntary bankruptcy case the putative debtor was entitled to partial summaryjudgment because no reasonable factfinder could find that the petitioning creditors' claimswere the subject of bona fide disputes. (Bankr. E.D. La.)
Issue(s)
Involuntary Cases; Commencement.

ABI Membership is required to access the full summary of Seven Three Distilling Co., LLC, In re Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Commercial opinion summary, case decided on July 06, 2021 , LexisNexis #0821-052

Manolo Blahnik USA, Ltd, In re

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.

ABI Membership is required to access the full summary of Manolo Blahnik USA, Ltd, In re Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Commercial opinion summary, case decided on August 18, 2020 , LexisNexis #0920-076

Carolina Constructors & Invs., LLC, In re

Ruling
Motion to dismiss involuntary petition denied because petitioning creditors demonstrated a prima facie case that their claims were not subject to a bona fide dispute. (Bankr. D.S.C.)
Issue(s)
Involuntary Cases; Commencement.

ABI Membership is required to access the full summary of Carolina Constructors & Invs., LLC, In re Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Court :
Commercial opinion summary, case decided on June 26, 2020 , LexisNexis #0820-026

Gutierrez, In re

Ruling
The use of official form 105 was legally sufficient to state a claim in an involuntaryproceeding. (Bankr. S.D. Miss.)
Issue(s)
Involuntary Cases; Commencement; If Fewer than 12 Creditors.

ABI Membership is required to access the full summary of Gutierrez, In re Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Consumer opinion summary, case decided on May 15, 2020 , LexisNexis #0720-001

Williams, In re

Ruling
A bona fide dispute as to the full amount of a claim does not prevent standing to file aninvoluntary petition if an undisputed portion meets the threshold. (Bankr. N.D. Tex.)
Issue(s)
Involuntary Cases; Commencement.

ABI Membership is required to access the full summary of Williams, In re Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Consumer opinion summary, case decided on April 27, 2020 , LexisNexis #0620-053

Hl Builders, In re

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.

ABI Membership is required to access the full summary of Hl Builders, In re Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Consumer opinion summary, case decided on February 18, 2020 , LexisNexis #0320-077

QDOS, Inc., In re--Hayden v. QDOS, Inc.

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.

ABI Membership is required to access the full summary of QDOS, Inc., In re--Hayden v. QDOS, Inc. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Court :
Judge or Jurisdiction information not available
Commercial opinion summary, case decided on November 07, 2019 , LexisNexis #1219-052

Betteroads Asphalt LLC, In re

Ruling
Involuntary petitions were not filed in bad faith because seeking other creditors to join infiling an involuntary petition to collect debts was not an improper bankruptcy purpose. (Bankr.D.P.R.)
Issue(s)
Involuntary Cases; Commencement.

ABI Membership is required to access the full summary of Betteroads Asphalt LLC, In re Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

:
Judge or Jurisdiction information not available
Commercial opinion summary, case decided on October 10, 2019 , LexisNexis #1219-003

Ebackpack, In re

Ruling
Creditor lacked standing to bring involuntary case against the alleged debtor as a bona fidedispute existed as to the claims. (Bankr. N.D. Tex.)
Issue(s)
Involuntary Cases; Commencement.

ABI Membership is required to access the full summary of Ebackpack, In re Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Commercial opinion summary, case decided on July 12, 2019 , LexisNexis #0919-026