In re Zapas
May
01
2015
Ruling
Involuntary case could move forward where three petitioning creditors held judgment claims and met the numerosity requirement.
Issue(s)
Should an involuntary chapter 7 bankruptcy be dismissed as not filed by three or more creditors, based on claims that are subject to bona fide dispute and where a later-joining creditor's claim was allegedly barred by the statute of limitations?
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Court
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In re Anderson
Feb
05
2015
Ruling
Involuntary bankruptcy petition filed by inmate against judge who presided against the inmate's criminal trial dismissed.
Issue(s)
Should inmate's involuntary case against the judge who presided over his criminal trial be dismissed?
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Court
:
In re Speer
Nov
11
2014
Ruling
Dismissal of properly filed, good faith, involuntary petition denied.
Issue(s)
Should involuntary petition be dismissed or suspended as filed in bad faith?
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Court
:
FMB Bancshares Inc. v. Trapeza CDO XII Ltd.
Aug
29
2014
Ruling
Motion to dismiss involuntary petition denied.
Issue(s)
Should involuntary petition filed by note holder be dismissed?
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Court
:
In re CorrLine Intl LLC
Aug
21
2014
Ruling
Creditor LLC that owned 45 percent of debtor LLC could act as sole petitioning creditor to file an involuntary petition against debtor.
Issue(s)
Could creditor and minority shareholder of debtor act as the sole petitioning creditor in filing an involuntary petition against the debtor?
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Court
:
- 11 U.S.C.
In re American Res. & Energy LLC
Jul
15
2014
Ruling
Involuntary case dismissed due to existence of bona fide disputes with three petitioning creditors.
Issue(s)
Whether the petitioning creditors' claims were "not contingent as to liability or the subject of a bona fide dispute as to liability or amount," as required of petitioning creditors in an involuntary case and whether the petition was even properly brought by the petitioning creditors?
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Court
:
- 11 U.S.C.
In re Guerra
Feb
11
2014
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.
Issue(s)
Were petitioning creditors ineligible to bring involuntary case due to existence of bona fide disputes over claims?
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Court
:
Credit Union Liquidity Servs. LLC v. Green Hills Dev. Co. LLC (In re Green Hills Dev. Co. LLC)
Feb
03
2014
Ruling
Creditor lacked standing to bring involuntary case where extensive record of litigation with debtor established bona fide dispute.
Issue(s)
Did creditor lack standing to file involuntary petition because its claim against debtor was subject to a bona fide dispute as to liability or amount.
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Court
:
Judge or Jurisdiction information not available
Baron v. Schurig
Jan
02
2014
Ruling
Attorneys and law firms lacked standing to file involuntary case against former client.
Issue(s)
Did attorneys and law firms have standing to file an involuntary bankruptcy case against their former client?
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Court
:
- 11 U.S.C.
In re Elverson
May
15
2013
Ruling
Involuntary petition dismissed as petitioning creditor's claim was subject to bona fide dispute.
Procedural posture
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).
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Court
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