Legal Opinion
In Re Amc Investors, LLC
United States Bankruptcy Court, D. Delaware
Decided June 5, 2009No. 12-10509PublishedCited by 39 opinions
1Opinion of the Court
OPINION
SONTCHI, Bankruptcy Judge.
INTRODUCTION
The commencement of an involuntary bankruptcy case is governed by section 303 of the Bankruptcy Code. Under section 303(b), the holder of a claim subject to a “bona fide dispute” is not eligible to file an involuntary petition for relief.
The sole petitioning creditor in this case is the holder of a judgment against the alleged debtors. Although the judgment is under appeal, it has not been stayed. The alleged debtors argue that the pendency of the appeal renders the petitioning creditor’s claim subject to a bona fide dispute and, thus, the cases…
2Cases cited23 opinions
- Butner v. United StatesSupreme Court of the United States · 1979
- North American Catholic Educational Programming Foundation, Inc. v. GheewallaSupreme Court of Delaware · 2007
- In the Matter of Jane Marlene Busick, Debtor-AppelleeCourt of Appeals for the Seventh Circuit · 1987
- In Re: Bdc 56 Llc, Debtor. Key Mechanical Inc. v. Bdc 56 Llc, Dwf Inc., Mesta Construction, Inc.Court of Appeals for the Second Circuit · 2003
- Bartmann v. Maverick Tube Corp.Court of Appeals for the Tenth Circuit · 1988
18 more not listed; retrieve them via the Exa API.
3Cited by39 opinions
- Marciano v. Fahs (In Re Marciano)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2011
- Georges Marciano v. Steven ChapnickCourt of Appeals for the Ninth Circuit · 2013
- In Re SmithUnited States Bankruptcy Court, N.D. Texas · 2009
- In re Acis Capital Mgmt., L.P.United States Bankruptcy Court, N.D. Texas · 2018
- In re Northshore Mainland Services, Inc.United States Bankruptcy Court, D. Delaware · 2015
34 more not listed; retrieve them via the Exa API.