In re Smith
Oct
12
2010
Ruling
Order for relief in involuntary case was proper where state court's failure to specify interest rate in judgment did not create a bona fide dispute.
Procedural posture
A creditor filed an involuntary bankruptcy petition against an alleged debtor after the creditor obtained a summary judgment against the debtor based on a guaranty obligation, and the bankruptcy court determined that the debt was not subject to bona fide dispute. Upon remand from the District Court for the Northern District of Texas, the bankruptcy court considered a state appellate ruling that the summary judgment was not final.
ABI Membership is required to access the full summary of In re Smith Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
: