Skip to main content

§ 303(b)

Reyes-Colon, In re--Popular Auto, Inc. v. Reyes-Colon

Ruling
Court dismissed involuntary petition for lack of three petitioning creditors. (1st Cir.)
Issue(s)
Involuntary Cases; Commencement.

ABI Membership is required to access the full summary of Reyes-Colon, In re--Popular Auto, Inc. v. Reyes-Colon 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 April 24, 2019 , LexisNexis #0619-080

Buckeye Activewear, LLC, In re

Ruling
Motion to dismiss case was granted where alleged debtor demonstrated evidence that a bonafide dispute existed and petitioning creditor failed to satisfy the eligibility requirements.(Bankr. N.D. Ohio)
Issue(s)
Involuntary Cases; Commencement.

ABI Membership is required to access the full summary of Buckeye Activewear, 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 August 31, 2018 , LexisNexis #1018-062

Acis Capital Mgmt., L.P., In re

Ruling
Involuntary proceedings were appropriately filed as the petitioning creditor met his burdenof showing that the alleged debtors have less than 12 creditors. (Bankr. N.D. Tex.)
Issue(s)
Involuntary Cases; Commencement; If Fewer than 12 Creditors.

ABI Membership is required to access the full summary of Acis Capital Mgmt., L.P., 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 April 13, 2018 , LexisNexis #0518-065

Elizabeth H. Lisenby Estate Prot. Trust, In re

Ruling
Involuntary chapter 7 bankruptcy petition had to be dismissed as sole creditor's claim wassubject to bona fide disputes. (Bankr. D.S.C.)
Issue(s)
Involuntary Cases; Commencement.

ABI Membership is required to access the full summary of Elizabeth H. Lisenby Estate Prot. Trust, 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 March 06, 2018 , LexisNexis #0618-062

In re Agrawal

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.

ABI Membership is required to access the full summary of In re Agrawal 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 01, 2016 , LexisNexis #1216-002

In re Colon

Ruling
Involuntary case dismissed where petition was joined by only two out of fifteen creditors.(Bankr. D.P.R.)
Issue(s)
Whether involuntary case filed by bank and its affiliate should be dismissed because at the time the petition was filed the debtor had more than twelve creditors?

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

Consumer opinion summary, case decided on September 02, 2016 , LexisNexis #0916-106

Fustolo v. 50 Thomas Patton Drive, LLC

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?

ABI Membership is required to access the full summary of Fustolo v. 50 Thomas Patton Drive, LLC 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 February 24, 2016 , LexisNexis #0916-002

In re District at McAllen LP

Ruling
Involuntary petition filed by single qualified creditor was properly filed against debtor with less than 12 qualified creditors.
Issue(s)
Could an order for relief be entered with regard to an involuntary petition filed by a single creditor?

ABI Membership is required to access the full summary of In re District at McAllen LP 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 07, 2015 , LexisNexis #0715-107

In re Quinto & Wilks P.C.

Ruling
Involuntary case dismissed where petitioning creditor's claim was subject to dispute and debtor was paying some debts as they came due.
Issue(s)
Should involuntary petition filed by creditor with which debtor was engaged in acrimonious litigation be dismissed?

ABI Membership is required to access the full summary of In re Quinto & Wilks P.C. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Commercial opinion summary, case decided on May 29, 2015 , LexisNexis #0615-107

In re Hassell 2012 Joint Venture & Springwoods Joint Venture

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.

ABI Membership is required to access the full summary of In re Hassell 2012 Joint Venture & Springwoods Joint Venture Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Commercial opinion summary, case decided on May 08, 2015 , LexisNexis #0615-004