Legal Opinion
Metz v. Dilley (In Re Dilley)
Bankruptcy Appellate Panel of the First Circuit
Decided March 16, 2006No. BAP No. 05-048, Bankruptcy No. 04-11907PublishedCited by 16 opinions
1Opinion of the Court
ROSENTHAL, Bankruptcy Judge.
This matter is on appeal from the September 14, 2005 judgment and memorandum opinion of the bankruptcy court (the “Judgment”) dismissing the involuntary petition on the grounds that the petitioning creditors’ claims were “ ‘the subject of a bona fide dispute as to liability’ within the meaning of 11 U.S.C. § 303(b)(1).” Because we conclude that the bankruptcy court committed an error of law, we REVERSE.
BACKGROUND
The salient facts in this case are not in dispute and are set forth in some detail in the “Order on Motions to Suppress” entered in the criminal case…
2Cases cited26 opinions
- Kastigar v. United StatesSupreme Court of the United States · 1972
- Baxter v. PalmigianoSupreme Court of the United States · 1976
- Fleet Data Processing Corp. v. Branch (In Re Bank of New England Corp.)Bankruptcy Appellate Panel of the First Circuit · 1998
- T I Federal Credit Union v. DelBonisCourt of Appeals for the First Circuit · 1995
- In Re Savage Industries, Inc., Debtor. Western Auto Supply Company v. Savage Arms, Inc.Court of Appeals for the First Circuit · 1994
21 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- In Re Euro-American Lodging Corp.United States Bankruptcy Court, S.D. New York · 2007
- Patriot Grp. v. Fustolo (In re Fustolo)United States Bankruptcy Court, D. Massachusetts · 2019
- In Re HentgesUnited States Bankruptcy Court, N.D. Oklahoma · 2006
- In re ColonUnited States Bankruptcy Court, D. Puerto Rico · 2012
- In re FustoloUnited States Bankruptcy Court, D. Massachusetts · 2013
11 more not listed; retrieve them via the Exa API.