Skip to main content

§ 303(h)

Arch Ins. Co. v. Spivey (In re Spivey)

Dec
17
2010
Ruling
Involuntary petition was proper where debtor failed to make payment on 90 percent of total debt held by petitioning creditors.
Procedural posture

Creditors sought entry of an order for relief under chapter 7 against the involuntary debtor. The involuntary debtor denied there were grounds for relief under 11 U.S.C.S. § 303(h), moved that the petition be dismissed.

ABI Membership is required to access the full summary of Arch Ins. Co. v. Spivey (In re Spivey) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Consumer opinion summary, case decided on December 17, 2010 , LexisNexis #0211-001
LexisNexis Article
Learn More

In re Fallon Luminous Prods. Corp.

Jan
20
2010
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).

ABI Membership is required to access the full summary of In re Fallon Luminous Prods. Corp. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

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

In re A&J Quality Diamonds Inc.

Oct
29
2007
Ruling
Failure to pay three petitioning creditors was not sufficient grounds to support involuntary petition.
Procedural posture

After petitioners, three trade creditors, filed an involuntary chapter 7 bankruptcy petition against debtor, which contested the petition, the matter was tried. The only evidence offered was a two-item factual stipulation agreed to by the parties. At issue was whether the creditors were entitled to relief under 11 U.S.C. § 303(h).

ABI Membership is required to access the full summary of In re A&J Quality Diamonds Inc. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Commercial opinion summary, case decided on October 29, 2007 , LexisNexis #1107-106
LexisNexis Article
Learn More

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

Feb
15
2007
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.

ABI Membership is required to access the full summary of Regional Anesthesia Assocs. PC v. PHN Physician Servs. (In re Regional Anesthesia Assocs. PC) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

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

In re Hentges

Sep
26
2006
Ruling
Involuntary petition properly filed against debtor who was hostile, litigious and used sham and artifice to avoid paying creditors.
Procedural posture

Petitioning creditors sought an order for relief against an alleged debtor under chapter 7 of the Bankruptcy Code. The creditors claimed that they were eligible to file an involuntary petition under 11 U.S.C. § 303(b) and that, except for debts that were subject to a bona fide dispute as to liability or amount, the debtor was generally not paying his debts as they became due.

ABI Membership is required to access the full summary of In re Hentges Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

opinion summary, case decided on September 26, 2006 , LexisNexis #1206-001
LexisNexis Article
Learn More

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

Feb
15
2006
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.

ABI Membership is required to access the full summary of Mktg. & Creative Solutions v. Scripps Howard Broad. Co. (In re Mktg. & Creative Solutions) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Court :
Judge or Jurisdiction information not available
opinion summary, case decided on February 15, 2006 , LexisNexis #0306-010
LexisNexis Article
Learn More
Subscribe to %1