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§ 303(b)

In re E.S. Profl Servs.

Oct
20
2005
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.
Procedural posture

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.

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opinion summary, case decided on October 20, 2005 , LexisNexis #0106-007
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In re Dilley

Sep
15
2005
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.
Procedural posture

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.

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opinion summary, case decided on September 15, 2005 , LexisNexis #0106-041
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