In re C.W. Mining Co.

Ruling: 
Creditor that did not receive involuntary debtor's check for balance of debt until after petition date was an eligible petitioning creditor.
Procedural posture: 
One of the three creditors that filed an involuntary bankruptcy petition against the putative debtor, moved for partial summary judgment regarding their eligibility to commence the involuntary case, based upon their holding undisputed claims against the debtor, under 11 U.S.C.S. § 303(b). The debtor argued that it had tendered payment in full to one of the three creditors, and that its claim was thus not bona fide.
Issue: 
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Commercial case opionion summary, case decided on September 17,2008, LexisNexis #1208-107