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§ 303(h)

Intelligent Surveillance Corp., In re

Ruling
Creditors were entitled to relief on their involuntary petition against the alleged debtor as thedebtor was not paying its debts as they came due as of the petition date. (Bankr. N.D. Tex.)
Issue(s)
Involuntary Cases; Relief Against Debtor.

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Commercial opinion summary, case decided on April 07, 2022 , LexisNexis #0622-003

Murphy, In re

Ruling
Creditor's motion for summary judgment granted because of debtor's overdue debt and lackof evidence that the debts were in bona fide dispute. (Bankr. M.D. Fla.)
Issue(s)
Involuntary Cases; Relief Against Debtor; Debtor not Paying Debts.

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Consumer opinion summary, case decided on July 16, 2021 , LexisNexis #0921-002

On-Site Fuel Serv., In re

Ruling
Involuntary petition was not subject to dismissal as petitioning creditors showed that thedebtor was not paying its debts as they became due. (Bankr. S.D. Miss.)
Issue(s)
Involuntary Cases; Relief Against Debtor.

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Commercial opinion summary, case decided on May 24, 2019 , LexisNexis #0819-002

In re Agrawal

Ruling
Order of relief granted because debtor was not paying his debts. (Bankr. W.D. Okla.)
Issue(s)
Involuntary Cases; Relief Against Debtor; Debtor not Paying Debts.

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Consumer opinion summary, case decided on December 13, 2016 , LexisNexis #0117-062

In re Hassell 2012 Joint Venture

Ruling
Involuntary petition dismissed where petitioning creditor did not establish that debtor wasnot paying its debts as they came due. (Bankr. S.D. Tex.)
Issue(s)
Did petitioning creditor provide sufficient evidence to demonstrate that the involuntary debtor was generally not paying debts as such debts become due?

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Commercial opinion summary, case decided on September 23, 2016 , LexisNexis #1016-073

In re Diamondhead Casino Corp.

Ruling
Involuntary case brought by noteholders and shareholders of debtor casino to collect debt and replace directors after losing a proxy fight dismissed as filed for an improper purpose.
Issue(s)
Should involuntary case be dismissed as not filed for a proper bankruptcy purpose?

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Commercial opinion summary, case decided on June 07, 2016 , LexisNexis #0716-092

In re Bates

Ruling
Relief granted under involuntary petition where debtor was generally not paying debts as they came due.
Issue(s)
Should an order for relief be entered on an involuntary petition filed for the CEO of chapter 7 debtor LLC?

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Consumer opinion summary, case decided on January 26, 2016 , LexisNexis #0216-107

In re Seventh Ave. Props.

Ruling
Debtor's objection to involuntary petition overruled where petitioning creditor met burden.
Procedural posture

This matter was before the court upon the alleged debtor's opposition to the petitioning creditors' involuntary chapter 7 petition.

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Commercial opinion summary, case decided on February 22, 2013 , LexisNexis #0313-107

In re Hicks

Ruling
Involuntary petition was proper where there was no bona fide dispute as to liability for petitioning creditors' claims.
Procedural posture

Petitioner banks filed a petition pursuant to 11 U.S.C.S. § 303(h), seeking entry of an order which placed a debtor into chapter 7 bankruptcy. The debtor opposed the petition, claiming, inter alia, that the petition could not be granted because there was a bona fide dispute as to amounts the banks claimed.

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Consumer opinion summary, case decided on November 30, 2011 , LexisNexis #0112-037

In re Green Hills Dev. Co. LLC

Ruling
Involuntary petition dismissed where creditor did not show debtor was not paying debts as they came due or that its claim was not subject to bona fide dispute.
Procedural posture

An alleged debtor filed a motion to dismiss petitioning creditor's involuntary Chapter 7 petition filed against it pursuant to 11 U.S.C.S. § 303. The creditor filed a motion for summary judgment.

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Commercial opinion summary, case decided on February 17, 2011 , LexisNexis #0311-036