§ 303(b)

In re Staxxring Inc.

The court held a hearing on the Motion to Dismiss Involuntary Petition filed by Alleged Debtor. On the other side of the Motion were the Petitioning Creditors.
Ruling: 
Involuntary case dismissed where only two petitioning creditors had claims not subject to bona fide dispute.
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Commercial case opionion summary, case decided on May 28,2010, LexisNexis #0910-002

In re Ransome Group Investors I LP

A petitioning creditor filed an involuntary bankruptcy petition against the alleged debtor. The debtor filed a motion to dismiss the involuntary petition on the grounds that the petition was filed in bad faith and that the creditor's claim was subject to a bona fide dispute within the meaning of 11 U.S.C.S. § 303(b). The debtor asked the court to require the creditor to post an indemnity bond pursuant to § 303(e) pending resolution of the issues.
Ruling: 
Petitioning creditor in involuntary case not required to post bond pending resolution of bad faith issue absent cause.
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Commercial case opionion summary, case decided on December 14,2009, LexisNexis #0410-072

In re BLX Group Inc.

Movant, the divorced former shareholder of the debtor, brought an expedited motion to dismiss the involuntary petition brought against the debtor for lack of subject matter jurisdiction because two of the petitioning creditors were not qualifying creditors under 11 U.S.C.S. § 303(b)(1), or , alternatively, to transfer venue to the Central District of California, pursuant to 28 U.S.C.S. § 1412.
Ruling: 
Dismissal of transfer of involuntary case denied where petitioning creditors were qualified and primary asset was located in district.
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Commercial case opionion summary, case decided on October 15,2009, LexisNexis #1209-003

In re Pacific Rollforming LLC

In a contested involuntary chapter 7 case, the debtor opposed entry of an order for relief on the ground that one or more of the petitioning creditors was not a qualified petitioner. Alternatively, the debtor contended that the court should abstain from proceeding with the case because abstention would be in the best interests of the debtor and its creditors.
Ruling: 
Involuntary case dismissed where one petitioning creditor acquired a claim solely to join the petition and in best interests of debtor and creditors.
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Commercial case opionion summary, case decided on September 30,2009, LexisNexis #1109-037

In re Smith

A creditor filed an involuntary bankruptcy petition against a judgment debtor of the creditor, and the debtor moved to dismiss the petition on the grounds that the judgment was on appeal, that at least three creditors were required to file the petition, and that abstention was appropriate.
Ruling: 
Judgment that was not stayed pending appeal was not subject of bona fide dispute and was proper basis for involuntary case.
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Consumer case opionion summary, case decided on September 03,2009, LexisNexis #0909-110

In re La Stanza Diva Ristorante Inc.

The alleged debtor (AD) disputed the involuntary chapter 11 petition, pursuant to 11 U.S.C.S. § 303(b)(1), filed by the business manager and companies.
Ruling: 
Involuntary case dismissed as petition was not supported by requisite number of creditors with undisputed claims.
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Commercial case opionion summary, case decided on April 10,2009, LexisNexis #0609-071

In re Glacken

Three creditors commenced an involuntary chapter 7 case against an alleged debtor, who filed a motion to dismiss the involuntary petition on the grounds that the creditors were ineligible under 11 U.S.C.S. § 303(b)(1).
Ruling: 
Court abstained from determining bona fide dispute in involuntary case.
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Consumer case opionion summary, case decided on February 23,2009, LexisNexis #0509-071

Trusted Net Media Holdings LLC v. Morrison Agency Inc.

Appellant debtor sought review of a judgment of the district court for the Northern District of Georgia affirming a bankruptcy court order denying on waiver grounds the debtor's motion to dismiss an involuntary bankruptcy proceeding against the debtor brought by appellee creditor pursuant to 11 U.S.C.S. § 303(b). The court granted rehearing en banc as to one issue.
Ruling: 
Requirements for commencing involuntary bankruptcy are not jurisdictional.
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Commercial case opionion summary, case decided on December 02,2008, LexisNexis #0109-100

In re C.W. Mining Co.

One of the three creditors that filed an involuntary bankruptcy petition against the putative debtor, moved for partial summary judgment regarding their eligibility to commence the involuntary case, based upon their holding undisputed claims against the debtor, under 11 U.S.C.S. § 303(b). The debtor argued that it had tendered payment in full to one of the three creditors, and that its claim was thus not bona fide.
Ruling: 
Creditor that did not receive involuntary debtor's check for balance of debt until after petition date was an eligible petitioning creditor.
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Commercial case opionion summary, case decided on September 17,2008, LexisNexis #1208-107

In re Brodowski

A creditor of a chapter 13 debtor objected to confirmation of the debtor's chapter 13 plan, which proposed to bifurcate the creditor's claim under 11 U.S.C.S. § 506, on the grounds that the hanging paragraph at the end of 11 U.S.C.S. § 1325 did not permit the debtor to cram down its claim.
Ruling: 
Negative equity in 910 vehicle loan was not secured by purchase money security interest and not protected from bifurcation under hanging paragraph.
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Consumer case opionion summary, case decided on July 22,2008, LexisNexis #1008-003

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