Aug
18
2020
Manolo Blahnik USA, Ltd, In re
Ruling:
Motion to dismiss involuntary case denied as at least one of the petitioning creditor's claimswas not subject to bona fide dispute. (Bankr. S.D.N.Y.)
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Commercial case opionion summary, case decided on August 18,2020, LexisNexis #0920-076
May
15
2020
Gutierrez, In re
Ruling:
The use of official form 105 was legally sufficient to state a claim in an involuntaryproceeding. (Bankr. S.D. Miss.)
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Consumer case opionion summary, case decided on May 15,2020, LexisNexis #0720-001
Apr
27
2020
Williams, In re
Ruling:
A bona fide dispute as to the full amount of a claim does not prevent standing to file aninvoluntary petition if an undisputed portion meets the threshold. (Bankr. N.D. Tex.)
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Consumer case opionion summary, case decided on April 27,2020, LexisNexis #0620-053
Feb
18
2020
Hl Builders, In re
Ruling:
Petitioning creditors lacked standing to bring an involuntary petition against target debtorwhere one claim was contingent and others subject to bona fide disputes. (Bankr. S.D. Tex.)
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Consumer case opionion summary, case decided on February 18,2020, LexisNexis #0320-077
Dec
02
2019
Best Home Performance of CT, LLC, In re
Ruling:
Punitive damages were awarded against petitioning creditor whose conduct demonstratedrecklessness, irrationality, ill will and malice. (Bankr. D. Conn.)
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Commercial case opionion summary, case decided on December 02,2019, LexisNexis #0120-028
Nov
26
2019
State Dep't of Revenue v. Blixseth
Ruling:
Montana Department of Revenue lacked standing to file an involuntary Chapter 7 bankruptcypetition as the vast majority of the claim was subject to a bona fide dispute. (9th Cir.)
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Commercial case opionion summary, case decided on November 26,2019, LexisNexis #0120-003
Court: Judge or Jurisdiction information not available
Nov
07
2019
QDOS, Inc., In re--Hayden v. QDOS, Inc.
Ruling:
Court erred in dismissing involuntary Chapter 11 petition based on insufficiency in thenumber of petitioning creditors without allowing opportunity for joinder to all creditors.(B.A.P. 9th Cir.)
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Commercial case opionion summary, case decided on November 07,2019, LexisNexis #1219-052
Oct
25
2019
Lavie, In re
Ruling:
Dismissal of involuntary petition was appropriate as it was defective based on the admissionsof petitioning creditor that an erroneous basis for relief was pleaded. (Bankr. C.D. Cal.)
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Consumer case opionion summary, case decided on October 25,2019, LexisNexis #1219-026
Oct
10
2019
Betteroads Asphalt LLC, In re
Ruling:
Involuntary petitions were not filed in bad faith because seeking other creditors to join infiling an involuntary petition to collect debts was not an improper bankruptcy purpose. (Bankr.D.P.R.)
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Commercial case opionion summary, case decided on October 10,2019, LexisNexis #1219-003
Court: Judge or Jurisdiction information not available
Aug
15
2019
Bonilla, In re
Ruling:
Creditor's involuntary bankruptcy petitions were facially defective as he had submitted themin bad faith to collaterally attack criminal conviction. (Bankr. N.D. Cal.)
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Consumer case opionion summary, case decided on August 15,2019, LexisNexis #1019-027
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