Legal Opinion

Trusted Net Media Holdings, LLC v. Morrison Agency, Inc.

Court of Appeals for the Eleventh Circuit

Decided April 23, 2008No. 07-13429Published

1Opinion of the Court

HULL, Circuit Judge:

This appeal presents the question of whether 11 U.S.C. § 303(b)’s requirements for filing an involuntary bankruptcy petition are subject matter jurisdictional in nature. Both the district court and the bankruptcy court held that they are not. Our precedent, though, says otherwise. Thus, although we believe our precedent should be reexamined, we must reverse.

I. BACKGROUND

Appellee The Morrison Agency, Inc. (“Morrison”) is a creditor of Appellant Trusted Net Media Holdings, LLC (“Trusted Net”). On April 20, 2002, Morrison, as a creditor, filed an involuntary bankruptcy…

2Cases cited31 opinions

  1. Larry Bonner v. City of Prichard, AlabamaCourt of Appeals for the Eleventh Circuit · 1981
  2. Arbaugh v. Y & H Corp.Supreme Court of the United States · 2006
  3. Kontrick v. RyanSupreme Court of the United States · 2004
  4. Newman-Green, Inc. v. Alfonzo-LarrainSupreme Court of the United States · 1989
  5. United States v. William O. Steele, Cross-AppelleeCourt of Appeals for the Eleventh Circuit · 1998

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