- 11 U.S.C.
In re TPG Troy LLC
May
09
2013
Ruling
Involuntary case dismissed due to numerous contested issues.
Procedural posture
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).
ABI Membership is required to access the full summary of In re TPG Troy LLC Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
In re Antar
Apr
12
2013
Ruling
Involuntary petition allowed to proceed as debtor was not paying debts as they came due.
Procedural posture
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.
ABI Membership is required to access the full summary of In re Antar Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
In re Vicor Techs.
Apr
05
2013
Ruling
Motion to dismiss involuntary petition denied where it was not disputed that debtor was not paying debts as they came due.
Procedural posture
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.
ABI Membership is required to access the full summary of In re Vicor Techs. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
In re Roselli
Mar
06
2013
Ruling
Involuntary petition filed by sole petitioning creditor dismissed as debtor had more than 12 qualifying creditors with noncontingent undisputed debts.
Procedural posture
This matter came before the court on alleged debtor's answer to a creditor's involuntary petition, motions to dismiss, and counterclaims.
ABI Membership is required to access the full summary of In re Roselli Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
Marciano v. Chapnick (In re Marciano)
Feb
27
2013
Ruling
Unstayed, non-default judgment that was on appeal was not subject to bona fide dispute so as to defeat involuntary petition.
Procedural posture
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.
ABI Membership is required to access the full summary of Marciano v. Chapnick (In re Marciano) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
Judge or Jurisdiction information not available
- 11 U.S.C.
In re Stillwater Asset Backed Offshore Fund Ltd.
Jan
17
2013
Ruling
Dismissal of involuntary petition denied where ineffective distribution in kind did not satisfy debts of petitioning creditors or create a bona fide dispute.
Procedural posture
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.
ABI Membership is required to access the full summary of In re Stillwater Asset Backed Offshore Fund Ltd. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
In re Miller
Dec
07
2012
Ruling
Twelve clearly undisputed loans were sufficient basis for filing involuntary petition.
Procedural posture
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.
ABI Membership is required to access the full summary of In re Miller Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
In re Fachini
Feb
10
2012
Ruling
Involuntary case dismissed due to fabricated claim by petitioning creditor.
Procedural posture
Sua sponte, the court considered the matter of an involuntary chapter 7 petition filed under 11 U.S.C.S. § 303(b).
ABI Membership is required to access the full summary of In re Fachini Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
In re Clarke
Dec
20
2011
Ruling
Jurisdictional question of single involuntary petition against married debtors resolved by severance.
Procedural posture
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).
ABI Membership is required to access the full summary of In re Clarke Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
In re Bank of Am.
Jun
21
2011
Ruling
Involuntary case dismissed due to ineligibility of petitioning creditors and likely dispute over validity of claims.
Procedural posture
Petitioning creditors filed a involuntary petition against alleged debtor. The alleged debtor filed a motion to dismiss the involuntary petition.
ABI Membership is required to access the full summary of In re Bank of Am. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
: