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
Jun
26
2020
Carolina Constructors & Invs., LLC, In re
Ruling:
Motion to dismiss involuntary petition denied because petitioning creditors demonstrated a prima facie case that their claims were not subject to a bona fide dispute. (Bankr. D.S.C.)
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Commercial case opionion summary, case decided on June 26,2020, LexisNexis #0820-026
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
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
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
Jul
12
2019
Ebackpack, In re
Ruling:
Creditor lacked standing to bring involuntary case against the alleged debtor as a bona fidedispute existed as to the claims. (Bankr. N.D. Tex.)
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Commercial case opionion summary, case decided on July 12,2019, LexisNexis #0919-026
Apr
24
2019
Reyes-Colon, In re--Popular Auto, Inc. v. Reyes-Colon
Ruling:
Court dismissed involuntary petition for lack of three petitioning creditors. (1st Cir.)
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Commercial case opionion summary, case decided on April 24,2019, LexisNexis #0619-080
Court: Judge or Jurisdiction information not available
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
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