§ 303(b)

FMB Bancshares Inc. v. Trapeza CDO XII Ltd.

Ruling: 
Motion to dismiss involuntary petition denied.
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Commercial case opionion summary, case decided on August 29,2014, LexisNexis #0914-106

In re CorrLine Intl LLC

Ruling: 
Creditor LLC that owned 45 percent of debtor LLC could act as sole petitioning creditor to file an involuntary petition against debtor.
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Commercial case opionion summary, case decided on August 21,2014, LexisNexis #0914-072

In re American Res. & Energy LLC

Ruling: 
Involuntary case dismissed due to existence of bona fide disputes with three petitioning creditors.
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Commercial case opionion summary, case decided on July 15,2014, LexisNexis #0814-107

In re Guerra

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.
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Consumer case opionion summary, case decided on February 11,2014, LexisNexis #0314-006

Credit Union Liquidity Servs. LLC v. Green Hills Dev. Co. LLC (In re Green Hills Dev. Co. LLC)

Ruling: 
Creditor lacked standing to bring involuntary case where extensive record of litigation with debtor established bona fide dispute.
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Commercial case opionion summary, case decided on February 03,2014, LexisNexis #0214-107

Baron v. Schurig

Ruling: 
Attorneys and law firms lacked standing to file involuntary case against former client.
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Consumer case opionion summary, case decided on January 02,2014, LexisNexis #0714-002

In re Elverson

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).
Ruling: 
Involuntary petition dismissed as petitioning creditor's claim was subject to bona fide dispute.
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Consumer case opionion summary, case decided on May 15,2013, LexisNexis #0613-073

In re TPG Troy LLC

Alleged debtors filed a motion to dismiss involuntary chapter 7 cases filed against them by petitioning creditors (petitioners) on the grounds, inter alia, that petitioners failed to meet their burden under 11 U.S.C.S. § 303(b)(1). The alleged debtors also argued that the court should abstain under 11 U.S.C.S. § 305(a)(1) and sought fees, costs, and damages under 11 U.S.C.S. § 303(i).
Ruling: 
Involuntary case dismissed due to numerous contested issues.
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Commercial case opionion summary, case decided on May 09,2013, LexisNexis #0513-108

In re Antar

Three petitioning creditors filed an involuntary chapter 7 petition against the alleged debtor and the debtor moved for summary judgment in his favor to dismiss or strike the petition. Petitioning creditors filed a cross motion for summary judgment.
Ruling: 
Involuntary petition allowed to proceed as debtor was not paying debts as they came due.
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Consumer case opionion summary, case decided on April 12,2013, LexisNexis #0513-001

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