In re Smith
Oct
12
2010
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.
Procedural posture
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.
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Court
:
- 11 U.S.C.
In re Jacques
Jul
23
2010
Ruling
Dismissal of involuntary petition denied where petitioning creditor met burden and conversion to voluntary chapter 13 case denied as debtor was not qualified.
Procedural posture
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.
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Court
:
In re Staxxring Inc.
May
28
2010
Ruling
Involuntary case dismissed where only two petitioning creditors had claims not subject to bona fide dispute.
Procedural posture
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.
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Court
:
In re Ransome Group Investors I LP
Dec
14
2009
Ruling
Petitioning creditor in involuntary case not required to post bond pending resolution of bad faith issue absent cause.
Procedural posture
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.
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Court
:
- 11 U.S.C.
In re BLX Group Inc.
Oct
15
2009
Ruling
Dismissal of transfer of involuntary case denied where petitioning creditors were qualified and primary asset was located in district.
Procedural posture
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), , alternatively, to transfer venue to the Central District of California, pursuant to 28 U.S.C.S. § 1412.
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Court
:
In re Pacific Rollforming LLC
Sep
30
2009
Ruling
Involuntary case dismissed where one petitioning creditor acquired a claim solely to join the petition and in best interests of debtor and creditors.
Procedural posture
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.
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Court
:
In re Smith
Sep
03
2009
Ruling
Judgment that was not stayed pending appeal was not subject of bona fide dispute and was proper basis for involuntary case.
Procedural posture
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.
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Court
:
- 11 U.S.C.
In re La Stanza Diva Ristorante Inc.
Apr
10
2009
Ruling
Involuntary case dismissed as petition was not supported by requisite number of creditors with undisputed claims.
Procedural posture
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.
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Court
:
- 11 U.S.C.
In re Glacken
Feb
23
2009
Ruling
Court abstained from determining bona fide dispute in involuntary case.
Procedural posture
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).
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Court
:
Trusted Net Media Holdings LLC v. Morrison Agency Inc.
Dec
02
2008
Ruling
Requirements for commencing involuntary bankruptcy are not jurisdictional.
Procedural posture
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.
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Court
:
Judge or Jurisdiction information not available