Jan
30
2019
On-Site Fuel Serv., In re
Ruling:
Bankruptcy court declined to adopt judicially created bar-to-joinder doctrine as 11 U.S.C. §303(c) unambiguously provided for joinder if the joining creditor held unsecured claim thatwas not contingent and the joining creditor was not an initial petitioning creditor. (Bankr. S.D.Miss.)
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Commercial case opionion summary, case decided on January 30,2019, LexisNexis #0319-026
Aug
31
2018
Buckeye Activewear, LLC, In re
Ruling:
Motion to dismiss case was granted where alleged debtor demonstrated evidence that a bonafide dispute existed and petitioning creditor failed to satisfy the eligibility requirements.(Bankr. N.D. Ohio)
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Commercial case opionion summary, case decided on August 31,2018, LexisNexis #1018-062
Aug
14
2018
Murray, In re--Wilk Auslander LLP v. Murray
Ruling:
Court did not abuse its discretion in dismissing chapter 7 involuntary bankruptcy petition that was simply a judgment enforcement tactic for a two-party dispute for which there were adequate remedies under state law. (2d Cir.)
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Consumer case opionion summary, case decided on August 14,2018, LexisNexis #0918-093
Court: Judge or Jurisdiction information not available
Jul
24
2018
Hunt, In re
Ruling:
Court dismissed involuntary petition as the sole petitioning creditor did not meet thestatutory requirements. (Bankr. E.D. La.)
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Consumer case opionion summary, case decided on July 24,2018, LexisNexis #0918-001
Jun
08
2018
Mercury Data Sys., In re
Ruling:
Motion to dismiss and motion to convert denied where involuntary debtor received propernotice of petition and order for relief could not be set aside on this basis. (Bankr. E.D. Ky.)
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Commercial case opionion summary, case decided on June 08,2018, LexisNexis #0718-061
May
25
2018
Pate, In re
Ruling:
Pleadings rejected as involuntary bankruptcy petitions as they were odious, frivolous,abusive, and intended to intimidate, harass, injure, and damage the purported debtors. (Bankr.S.D. Ga.)
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Consumer case opionion summary, case decided on May 25,2018, LexisNexis #0718-002
Apr
26
2018
Archdiocese of St. Paul & Minneapolis, In re--Official Comm. of Unsecured Creditors v. Archdiocese of St. Paul & Minneapolis
Ruling:
Targeted entities could not be involuntarily substantively consolidated with debtor after committee failed to allege sufficient facts to negate non-profit non-debtor status of the targeted entities. (8th Cir.)
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Commercial case opionion summary, case decided on April 26,2018, LexisNexis #0618-092
Court: Judge or Jurisdiction information not available
Mar
06
2018
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.)
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Consumer case opionion summary, case decided on March 06,2018, LexisNexis #0618-062
Apr
13
2018
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.)
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Commercial case opionion summary, case decided on April 13,2018, LexisNexis #0518-065
Feb
12
2018
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.)
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Commercial case opionion summary, case decided on February 12,2018, LexisNexis #0318-091
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