§ 303(b)

In re Rambo Imaging LLP

Petitioner creditor, a partnership, filed a petition under chapter 7 of the Bankruptcy Code, seeking an order requiring another partnership (alleged debtor) to undergo bankruptcy. Petitioner doctor joined the first partnership's action, claiming that he was a general partner of the alleged debtor who had standing under 11 U.S.C.S. § 303(b)(3). The alleged debtor filed a motion to dismiss the petitioners' amended petition.
Ruling: 
Involuntary petition dismissed where required "general partner" was acutally a limited partner who lacked standing.
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Commercial case opionion summary, case decided on July 15,2008, LexisNexis #1008-021

Trusted Net Media Holdings LLC v. Morrison Agency Inc. (In re Trusted Net Media Holdings LLC)

Appellant debtor challenged a judgment from the District Court for the Northern District of Georgia affirming a bankruptcy court's denial of the debtor's motion to dismiss appellee creditor's involuntary bankruptcy petition, filed under 11 U.S.C.S. § 303(b), for lack of subject matter jurisdiction.
Ruling: 
Requirements for filing an involuntary petition must be satisfied for the court to have subject matter jurisdiction.
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Commercial case opionion summary, case decided on April 23,2008, LexisNexis #0508-058

In re Mountain Dairies Inc.

After a creditor filed an involuntary petition against an alleged debtor, the debtor alleged that the creditor was an ineligible petitioning creditor pursuant to 11 U.S.C. § 303(b)(1).
Ruling: 
Involuntary petition dismissed due to inclusion of debts subject to bona fide dispute.
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In re Mylotte David & Fitzpatrick

A petitioning creditor, an attorney who alleged he held claims for missed draw payments and unpaid monthly car allowance, filed an involuntary chapter 7 petition against the putative debtor, a law firm partnership. The putative debtor filed an answer in opposition to the petition, pursuant to Fed. R. Bankr. P. 1003(b), 1011, seeking its dismissal. Four other creditors filed requests to join in the petition pursuant to 11 U.S.C. § 303(c).
Ruling: 
Involuntary petition filed by single creditor dismissal as debtor had more than eleven qualified creditor's and filing creditor's claim was subject to bona fide dispute.
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Riverview Trenton R.R. v. DSC Ltd. (In re DSC Ltd.)

Appellants challenged the decision of the District Court for the Eastern District of Michigan that affirmed the decision of the bankruptcy court that dismissed an amended involuntary petition for bankruptcy due to the lack of a sufficient number of qualified creditors under 11 U.S.C. § 303(b)(1).
Ruling: 
Bankruptcy court did not err in setting joinder deadline in involuntary case resulting in dismissal for insufficient number of creditors.
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In re Downstate News Group Inc.

The creditors filed an action pursuant to 11 U.S.C. § 303(b)(1) against the debtor to commence an involuntary case of bankruptcy under chapter 7. The debtor filed a motion to dismiss.
Ruling: 
Motion to dismiss involuntary case was granted since creditor had failed to show that claims were not subject of bona fide dispute.
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Metz v. Dilley (In re Dilley)

Appellants, petitioning creditors, sought review of an order of the Bankruptcy Court for the District of Maine that dismissed, on summary judgment, the involuntary petition on the grounds that the petitioning creditors'claims were the subject of a bona fide dispute as to liability within the meaning of 11 U.S.C. § 303(b)(1).
Ruling: 
Debtor's not guilty plea in a criminal case was not sufficient to demonstrate a bona fide dispute as to liability regarding the creditor's claims.
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In re Euro-American Lodging Corp.

A creditor (mortgagee) filed an involuntary chapter 7 case, 11 U.S.C. § 303(b), against an alleged debtor, its mortgagor. The matter was before the court for a ruling following a three-day bench trial. The alleged debtor opposed the petition.
Ruling: 
Creditor sustained burden of proof on involuntary petition where debtor had no more than eight bona fide creditors as of petition date.
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In re E.S. Profl Servs.

Petitioning creditor filed an involuntary bankruptcy petition under 11 U.S.C. § 303(b)(2) against the alleged debtor. The court conducted a trial on the involuntary bankruptcy petition.
Ruling: 
Creditor's involuntary petition was dismissed where the debtor showed that the debtor had more than twelve creditors and was generally paying its debts as they came due.
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In re Dilley

Chapter 7 debtor filed a motion to dismiss the involuntary chapter 7 petition filed against the debtor pursuant to 11 U.S.C. § 303(b)(1) by petitioners, the estate of his deceased wife and the conservator for each of her two surviving children. The court treated the motion as one for summary judgment because matters outside the pleadings were offered for consideration. Debtor also filed a request for abstention.
Ruling: 
Debtor's not guilty plea in criminal homicide case raised liability dispute warranting dismissal of an involuntary chapter 7 case filed by the deceased's estate and children.
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