§ 303(b)

In re Vicor Techs.

This case was commenced by the filing of an involuntary chapter 7 petition against the alleged debtor by 13 Petitioning Creditors. The alleged debtor filed a Motion to Dismiss Involuntary Petition, or, alternatively, for other relief. The Petitioning Creditors filed a Motion for Summary Judgment. Prior to setting an evidentiary hearing on the Motion to Dismiss, the court found it appropriate to rule on the Motion for Summary Judgment.
Ruling: 
Motion to dismiss involuntary petition denied where it was not disputed that debtor was not paying debts as they came due.
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Commercial case opionion summary, case decided on April 05,2013, LexisNexis #0513-002

In re Roselli

This matter came before the court on alleged debtor's answer to a creditor's involuntary petition, motions to dismiss, and counterclaims.
Ruling: 
Involuntary petition filed by sole petitioning creditor dismissed as debtor had more than 12 qualifying creditors with noncontingent undisputed debts.
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Consumer case opionion summary, case decided on March 06,2013, LexisNexis #0313-106

Marciano v. Chapnick (In re Marciano)

Alleged debtor appealed a decision of the U.S. Bankruptcy Appellate Panel for the Ninth Circuit, which affirmed a bankruptcy court decision granting petitioning creditors' motion for summary judgment on its involuntary petition.
Ruling: 
Unstayed, non-default judgment that was on appeal was not subject to bona fide dispute so as to defeat involuntary petition.
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Consumer case opionion summary, case decided on February 27,2013, LexisNexis #0313-075

In re Stillwater Asset Backed Offshore Fund Ltd.

Petitioning creditors filed an involuntary chapter 11 case against the alleged debtor. The alleged debtor contested the involuntary petition, seeking an order, pursuant to 11 U.S.C.S. §§ 105(a), 303, and 305, (i) dismissing the petition, (ii) imposing sanctions against the petitioning creditors, and (iii) scheduling a damages hearing and directing the petitioning creditors to post a bond pending such hearing.
Ruling: 
Dismissal of involuntary petition denied where ineffective distribution in kind did not satisfy debts of petitioning creditors or create a bona fide dispute.
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Commercial case opionion summary, case decided on January 17,2013, LexisNexis #0213-038

In re Miller

A bank filed an involuntary petition under chapter 7 of the Bankruptcy Code, seeking an order placing an individual debtor into bankruptcy. The debtor opposed the bank's petition, claiming that the bank did not meet the qualifications imposed by 11 U.S.C.S. § 303(b)(1) to be a petitioning creditor. The debtor filed a motion for summary judgment.
Ruling: 
Twelve clearly undisputed loans were sufficient basis for filing involuntary petition.
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Consumer case opionion summary, case decided on December 07,2012, LexisNexis #0113-036

In re Fachini

Sua sponte, the court considered the matter of an involuntary chapter 7 petition filed under 11 U.S.C.S. § 303(b).
Ruling: 
Involuntary case dismissed due to fabricated claim by petitioning creditor.
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Consumer case opionion summary, case decided on February 10,2012, LexisNexis #0312-002

In re Clarke

Alleged debtors, a married couple, moved to dismiss an involuntary chapter 7 petition filed against them by plaintiff bank. Issues included whether the filing of a single petition against debtors divested the court of subject matter jurisdiction and whether debtors in fact had twelve of more creditors, thereby triggering the three-creditor requirement in 11 U.S.C.S. § 303(b)(1) and (2).
Ruling: 
Jurisdictional question of single involuntary petition against married debtors resolved by severance.
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Consumer case opionion summary, case decided on December 20,2011, LexisNexis #0212-037

In re Bank of Am.

Petitioning creditors filed a involuntary petition against alleged debtor. The alleged debtor filed a motion to dismiss the involuntary petition.
Ruling: 
Involuntary case dismissed due to ineligibility of petitioning creditors and likely dispute over validity of claims.
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Commercial case opionion summary, case decided on June 21,2011, LexisNexis #0811-001

In re Smith

A creditor filed an involuntary bankruptcy petition against an alleged debtor after the creditor obtained a summary judgment against the debtor based on a guaranty obligation, and the bankruptcy court determined that the debt was not subject to bona fide dispute. Upon remand from the District Court for the Northern District of Texas, the bankruptcy court considered a state appellate ruling that the summary judgment was not final.
Ruling: 
Order for relief in involuntary case was proper where state court's failure to specify interest rate in judgment did not create a bona fide dispute.
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Consumer case opionion summary, case decided on October 12,2010, LexisNexis #1110-073

In re Jacques

A debtor filed a motion to convert an involuntary petition commenced against him under Chapter 7 to a voluntary petition under chapter 13. Alternatively, he sought dismissal of the involuntary petition, alleging that it was filed against him improperly and in bad faith. The debtor also counterclaimed against the petitioning creditor, seeking damages for embarrassment and defamation and an order requiring her to post a bond to indemnify him.
Ruling: 
Dismissal of involuntary petition denied where petitioning creditor met burden and conversion to voluntary chapter 13 case denied as debtor was not qualified.
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Consumer case opionion summary, case decided on July 23,2010, LexisNexis #0910-071

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