Legal Opinion
In Re Alta Title Co.
United States Bankruptcy Court, D. Utah
Decided November 4, 1985No. 19-20987PublishedCited by 33 opinions
1Opinion of the Court
MEMORANDUM OPINION
GLEN E. CLARK, Bankruptcy Judge.
This proceeding requires the Court to decide whether the commencement date of an involuntary petition occurs when the original petition is filed by an insufficient number of petitioning creditors, or when the petition is amended to include the requisite number of creditors. Resolution of this issue turns on two questions. First, is the requirement of three or more petitioning creditors a jurisdictional requirement? Second, do amendments to an involuntary petition relate back to the date of the original petition?
FACTS AND PROCEDURAL BACKGROUND
On…
2Cases cited80 opinions
- Eastway Construction Corp. v. City of New YorkCourt of Appeals for the Second Circuit · 1985
- General William C. Westmoreland, Ambassador Richard Helms v. Cbs, Inc.Court of Appeals for the D.C. Circuit · 1985
- In Re All Media Properties, Inc.United States Bankruptcy Court, S.D. Texas · 1980
- In Re Robert J. Mason, Debtor. Robert J. Mason v. Integrity Insurance Company and Sherwood & Roberts, Inc.Court of Appeals for the Ninth Circuit · 1983
- Farmers Co-Operative Association of Talmage, Kansas v. Tim Aaron StrunkCourt of Appeals for the Tenth Circuit · 1982
75 more not listed; retrieve them via the Exa API.
3Cited by33 opinions
- Trusted Net Media Holdings, LLC v. Morrison Agency, Inc.Court of Appeals for the Eleventh Circuit · 2008
- In Re KidwellUnited States Bankruptcy Court, E.D. California · 1993
- In Re Atlas MacH. and Iron Works, Inc.United States Bankruptcy Court, E.D. Virginia · 1995
- In Re Caucus Distributors, Inc.United States Bankruptcy Court, E.D. Virginia · 1989
- In Re Landmark Distributors, Inc.United States Bankruptcy Court, D. New Jersey · 1995
28 more not listed; retrieve them via the Exa API.