In re Hassell 2012 Joint Venture
Sep
23
2016
Ruling
Involuntary petition dismissed where petitioning creditor did not establish that debtor wasnot paying its debts as they came due. (Bankr. S.D. Tex.)
Issue(s)
Did petitioning creditor provide sufficient evidence to demonstrate that the involuntary debtor was generally not paying debts as such debts become due?
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Court
:
In re Colon
Sep
02
2016
Ruling
Involuntary case dismissed where petition was joined by only two out of fifteen creditors.(Bankr. D.P.R.)
Issue(s)
Whether involuntary case filed by bank and its affiliate should be dismissed because at the time the petition was filed the debtor had more than twelve creditors?
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Court
:
- 11 U.S.C.
Rosenberg v. DVI Receivables XVII, LLC
Aug
29
2016
Ruling
State law remedy for non-debtors injured by dismissed involuntary bankruptcy was notpreempted. (3d Cir.)
Issue(s)
Does § 303(i) preempt the state law claims of non-debtors predicated on the filing of an involuntary bankruptcy petition?
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Court
:
3rd Circuit ( ) [ Circuit Court ]
- 11 U.S.C.
In re Elmore
Aug
25
2016
Ruling
Involuntary petitions could not be commenced against “civil dead entities.” (Bankr. D.S.C.)
Issue(s)
Could involuntary bankruptcy petitions be brought against “civil dead entities?”
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Court
:
( Judge Duncan ) [ Bankruptcy Court ]
In re Positron Corp.
Aug
25
2016
Ruling
Structured dismissal of involuntary case denied where proposed settlement called for keepingcase open pending satisfaction of settlement terms. (Bankr. N.D. Tex.)
Issue(s)
Could structured dismissal proposing to hold involuntary case open pending completion of settlement terms be approved?
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Court
:
In re Archdiocese of St. Paul & Minneapolis
Jul
28
2016
Ruling
Substantive consolidation of debtor Roman Catholic archdiocese with more than 200 Catholicnot-for-profit, nondebtor entities denied. (Bankr. D. Minn.)
Issue(s)
Should the bankruptcy court grant the unsecured creditors committee to substantively consolidate the debtor archdiocese and more than 200 Catholic nonprofit, non-debtor entities?
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Court
:
- 11 U.S.C.
Villarreal v. New York Marine & Gen. Ins. Co. (In re OGA Charters, LLC)
Jul
27
2016
Ruling
Petitioning creditors granted preliminary injunction against involuntary debtor preventingdissipation of assets. (Bankr. S.D. Tex.)
Issue(s)
Involuntary Cases.
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Court
:
In re Diamondhead Casino Corp.
Jun
07
2016
Ruling
Involuntary case brought by noteholders and shareholders of debtor casino to collect debt and replace directors after losing a proxy fight dismissed as filed for an improper purpose.
Issue(s)
Should involuntary case be dismissed as not filed for a proper bankruptcy purpose?
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Court
:
- 11 U.S.C.
In re Metrogate LLC
May
26
2016
Ruling
Involuntary petition dismissed for bad faith given “substantial” dispute over debts and where primary purpose of filing was forum shopping.
Issue(s)
Should involuntary petition be dismissed for bad faith?
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Court
:
- 11 U.S.C.
Fustolo v. 50 Thomas Patton Drive, LLC
Feb
24
2016
Ruling
Creditor could join in involuntary petition where amount of debtor’s liability on notes wasnot subject to bona fide dispute although judgment against creditor was on appeal. (1st Cir.)
Issue(s)
Was creditor qualified to join with two other creditors holding non-contingent, undisputed claims in an involuntary bankruptcy petition?
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:
Judge or Jurisdiction information not available