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§ 303

Acis Capital Mgmt., L.P., In re

Ruling
Involuntary proceedings were appropriately filed as the petitioning creditor met his burdenof showing that the alleged debtors have less than 12 creditors. (Bankr. N.D. Tex.)
Issue(s)
Involuntary Cases; Commencement; If Fewer than 12 Creditors.

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Commercial opinion summary, case decided on April 13, 2018 , LexisNexis #0518-065

Elizabeth H. Lisenby Estate Prot. Trust, In re

Ruling
Involuntary chapter 7 bankruptcy petition had to be dismissed as sole creditor's claim wassubject to bona fide disputes. (Bankr. D.S.C.)
Issue(s)
Involuntary Cases; Commencement.

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Consumer opinion summary, case decided on March 06, 2018 , LexisNexis #0618-062

Kaanapali Tours, LLC, In re

Ruling
Involuntary case dismissed where court deemed that petitioning creditors were not qualified petitioning creditors as their claims were subject to a bona fide dispute. (Bankr. D. Haw.)
Issue(s)
Involuntary Cases.

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Commercial opinion summary, case decided on February 12, 2018 , LexisNexis #0318-091

Kretchmar, In re--Manchester v. Kretchmar

Ruling
Court had authority to substantively consolidate a debtor with a non-debtor other thanthrough the filing of an involuntary petition. (Bankr. W.D. Okla.)
Issue(s)
Involuntary Cases.

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Consumer opinion summary, case decided on February 05, 2018 , LexisNexis #0318-063

Taberna Preferred Funding IV, Ltd., In re

Ruling
Petitioning creditors failed to demonstrate that secured creditors may waive a security interestheld by a third party in order to create an unsecured claim and thereby become eligible to filean involuntary petition. (Bankr. S.D.N.Y.)
Issue(s)
Involuntary Cases.

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Commercial opinion summary, case decided on November 27, 2017 , LexisNexis #0118-002

Hassell 2012 Joint Venture, In re

Ruling
Case dismissed in its entirety pursuant to the district court's remand order as the debts that were subject to litigation on the petition date were the subjects of bona fide disputes. (Bankr. S.D. Tex.)
Issue(s)
Involuntary Cases.

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Commercial opinion summary, case decided on September 21, 2017 , LexisNexis #1017-093

Zenga, In re

Ruling
Petitioning creditor relied to his detriment on the alleged debtors' misrepresentations in a state court proceeding when he filed involuntary bankruptcy cases against them. (Bankr. M.D. Tenn.)
Issue(s)
Involuntary Cases.

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Consumer opinion summary, case decided on September 07, 2017 , LexisNexis #1017-032

DC Dev., Inc., In re

Ruling
Creditors could not be considered claim holders as the judgments which served as basis for involuntary petition had already been extinguished. (Bankr. D.S.C.)
Issue(s)
Involuntary Cases.

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Commercial opinion summary, case decided on June 08, 2017 , LexisNexis #0717-034

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 Agrawal

Ruling
Non-default judgment not stayed on appeal is not subject to bona fide dispute for purpose ofinvoluntary petition. (Bankr. W.D. Okla.)
Issue(s)
Involuntary Cases; Commencement; By Three or More Entities.

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Consumer opinion summary, case decided on November 01, 2016 , LexisNexis #1216-002