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§ 707(a)(2)

In re Privada Inc.

Ruling
Involuntary case dismissed as filed in bad faith by petitioning creditors in order to disrupt interpleader action.
Procedural posture

The movant creditors sought the dismissal of the involuntary bankruptcy case pursuant to 11 U.S.C.S. § 305 and 11 U.S.C.S. § 707(a), as having been filed in bad faith by the petitioning creditors, most of whom resided outside the United States. The movants asserted that the petitioning creditors were motivated to disrupt an interpleader action that was pending in the United States District Court for the Eastern District of New York.

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Commercial opinion summary, case decided on October 22, 2008 , LexisNexis #1108-125

Butler v. United States Bankruptcy Court

Ruling
Dismissal due to debtors'failure to pay filing fee upheld.
Procedural posture

Plaintiff debtors appealed a decision of the bankruptcy court, which dismissed the debtors'chapter 7 bankruptcy petition for failure to timely pay their filing fee under 11 U.S.C. § 707(a)(2) and denied their motion to reinstate the case.

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opinion summary, case decided on March 26, 2007 , LexisNexis #0507-009