Legal Opinion

In re Anmuth Holdings LLC

United States Bankruptcy Court, E.D. New York

Decided March 27, 2019No. Case No. 18-43216-CEC; Case No. 18-43272-CECPublishedCited by 15 opinions

1Opinion of the Court

CARLA E. CRAIG, Chief United States Bankruptcy Judge

This case concerns abuse of the power given to creditors in 11 U.S.C. § 303 to file an involuntary bankruptcy petition. As the Second Circuit recently noted,

Involuntary bankruptcy petitions help ensure the orderly and fair distribution of an estate by giving creditors an alternative *176to watching nervously as assets are depleted, either by the debtor or by rival creditors who beat them to the courthouse. Despite these benefits, involuntary bankruptcy petitions have "serious consequences [for] the alleged debtor, such as loss of credit…

2Cases cited69 opinions

  1. Hensley v. EckerhartSupreme Court of the United States · 1983
  2. Chambers v. Nasco, Inc.Supreme Court of the United States · 1991
  3. BMW of North America, Inc. v. GoreSupreme Court of the United States · 1996
  4. State Farm Mutual Automobile Insurance v. CampbellSupreme Court of the United States · 2003
  5. Commissioner, Immigration & Naturalization Service v. JeanSupreme Court of the United States · 1990

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3Cited by15 opinions

  1. Dynamic Industries Saudi Arabia LimitedUnited States Bankruptcy Court, E.D. Louisiana · 2023
  2. Gurley Housing Associates, L.P.United States Bankruptcy Court, N.D. New York · 2021
  3. HL Builders, LLCUnited States Bankruptcy Court, S.D. Texas · 2020
  4. Healthcare Real Estate Partners, LLC. v. Summit Healthcare REIT, Inc.United States Bankruptcy Court, D. Delaware · 2023
  5. IN RE MARY F WOLFSON, AS TRUSTEE v. BLAIR HOUSE ASSOCIATES LIMITED PARTNERSHIPDistrict Court, D. Maine · 2023

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