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§ 303(h)(1)

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

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 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

In re Fallon Luminous Prods. Corp.

Ruling
Order for chapter 7 relief filed against involuntary debtor that was not paying debts as they came due and whose debts were not subject to bona fide dispute.
Procedural posture

This matter was before the court on an Involuntary Petition filed by petitioning creditors, seeking an order for relief under chapter 7 against debtor. Debtor filed its Response to Involuntary Petition and Motion to Dismiss, requesting dismissal of the Involuntary Petition and seeking costs and damages under 11 U.S.C.S. § 303(i).

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Commercial opinion summary, case decided on January 20, 2010 , LexisNexis #0310-106

Regional Anesthesia Assocs. PC v. PHN Physician Servs. (In re Regional Anesthesia Assocs. PC)

Ruling
Involuntary petition dismissed where petitioning creditors owed money to debtor.
Procedural posture

Movant, alleged debtor, challenged an involuntary petition filed against it by respondents, petitioning creditors.

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opinion summary, case decided on February 15, 2007 , LexisNexis #0307-003

Mktg. & Creative Solutions v. Scripps Howard Broad. Co. (In re Mktg. & Creative Solutions)

Ruling
Debtor failed to demonstrate bona fide disputes as to the debtor's liability to the creditors who filed an involuntary petition since the debtor's prior dealings showed the debtor intended to be liable to the creditors.
Procedural posture

Appellees, petitioning creditors, filed an involuntary petition for relief under chapter 7 against appellant, involuntary debtor. The Bankruptcy Court for the Northern District of Ohio entered an order granting relief to the petitioning creditors. The debtor appealed alleging that the claims of the creditors were subject to bona fide disputes.

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Court :
Judge or Jurisdiction information not available
opinion summary, case decided on February 15, 2006 , LexisNexis #0306-010