§ 303(h)

On-Site Fuel Serv., In re

Ruling: 
Involuntary petition was not subject to dismissal as petitioning creditors showed that thedebtor was not paying its debts as they became due. (Bankr. S.D. Miss.)
ABI Membership is required to access the full summary of On-Site Fuel Serv., In re. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Commercial case opionion summary, case decided on May 24,2019, LexisNexis #0819-002

In re Agrawal

Ruling: 
Order of relief granted because debtor was not paying his debts. (Bankr. W.D. Okla.)
ABI Membership is required to access the full summary of In re Agrawal. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Consumer case opionion summary, case decided on December 13,2016, LexisNexis #0117-062

In re Hassell 2012 Joint Venture

Ruling: 
Involuntary petition dismissed where petitioning creditor did not establish that debtor wasnot paying its debts as they came due. (Bankr. S.D. Tex.)
ABI Membership is required to access the full summary of In re Hassell 2012 Joint Venture. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Commercial case opionion summary, case decided on September 23,2016, LexisNexis #1016-073

In re Diamondhead Casino Corp.

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.
ABI Membership is required to access the full summary of In re Diamondhead Casino Corp.. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Commercial case opionion summary, case decided on June 07,2016, LexisNexis #0716-092

In re Bates

Ruling: 
Relief granted under involuntary petition where debtor was generally not paying debts as they came due.
ABI Membership is required to access the full summary of In re Bates. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Consumer case opionion summary, case decided on January 26,2016, LexisNexis #0216-107

In re Seventh Ave. Props.

This matter was before the court upon the alleged debtor's opposition to the petitioning creditors' involuntary chapter 7 petition.
Ruling: 
Debtor's objection to involuntary petition overruled where petitioning creditor met burden.
ABI Membership is required to access the full summary of In re Seventh Ave. Props.. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Commercial case opionion summary, case decided on February 22,2013, LexisNexis #0313-107

In re Hicks

Petitioner banks filed a petition pursuant to 11 U.S.C.S. § 303(h), seeking entry of an order which placed a debtor into chapter 7 bankruptcy. The debtor opposed the petition, claiming, inter alia, that the petition could not be granted because there was a bona fide dispute as to amounts the banks claimed.
Ruling: 
Involuntary petition was proper where there was no bona fide dispute as to liability for petitioning creditors' claims.
ABI Membership is required to access the full summary of In re Hicks. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Consumer case opionion summary, case decided on November 30,2011, LexisNexis #0112-037

In re Green Hills Dev. Co. LLC

An alleged debtor filed a motion to dismiss petitioning creditor's involuntary Chapter 7 petition filed against it pursuant to 11 U.S.C.S. § 303. The creditor filed a motion for summary judgment.
Ruling: 
Involuntary petition dismissed where creditor did not show debtor was not paying debts as they came due or that its claim was not subject to bona fide dispute.
ABI Membership is required to access the full summary of In re Green Hills Dev. Co. LLC. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Commercial case opionion summary, case decided on February 17,2011, LexisNexis #0311-036

Arch Ins. Co. v. Spivey (In re Spivey)

Creditors sought entry of an order for relief under chapter 7 against the involuntary debtor. The involuntary debtor denied there were grounds for relief under 11 U.S.C.S. § 303(h), and moved that the petition be dismissed.
Ruling: 
Involuntary petition was proper where debtor failed to make payment on 90 percent of total debt held by petitioning creditors.
ABI Membership is required to access the full summary of Arch Ins. Co. v. Spivey (In re Spivey). Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Consumer case opionion summary, case decided on December 17,2010, LexisNexis #0211-001

In re Fallon Luminous Prods. Corp.

This matter was before the court on an Involuntary Petition filed by petitioning creditors, seeking an order for relief under chapter 7 against debtor. Debtor filed its Response to Involuntary Petition and Motion to Dismiss, requesting dismissal of the Involuntary Petition and seeking costs and damages under 11 U.S.C.S. § 303(i).
Ruling: 
Order for chapter 7 relief filed against involuntary debtor that was not paying debts as they came due and whose debts were not subject to bona fide dispute.
ABI Membership is required to access the full summary of In re Fallon Luminous Prods. Corp.. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Commercial case opionion summary, case decided on January 20,2010, LexisNexis #0310-106

Pages

Subscribe to § 303(h)