Legal Opinion

In Re Elsa Designs, Ltd.

United States Bankruptcy Court, S.D. New York

Decided June 25, 1993No. 18-13807PublishedCited by 18 opinions

1Opinion of the Court

DECISION ON MOTION TO DISMISS INVOLUNTARY PETITION

TINA L. BROZMAN, Bankruptcy Judge.

Elsa Designs, Inc. (Elsa), seeks dismissal of the involuntary petition filed against it under Chapter 7 of the Bankruptcy Code on the grounds that this court lacks jurisdiction because the petitioning creditors’ claims are the subject of a bona fide dispute. 1 The petitioning creditors cross-move for summary judgment striking the defense of Elsa alleging that no bona fide dispute exists and granting an order for relief.

Elsa, which is not presently operating, is a manufacturer and importer of women’s and girls’…

2Cases cited46 opinions

  1. Hallock v. StateNew York Court of Appeals · 1984
  2. Gilbert v. DavidSupreme Court of the United States · 1915
  3. Ford v. Unity HospitalNew York Court of Appeals · 1973
  4. In the Matter of Jane Marlene Busick, Debtor-AppelleeCourt of Appeals for the Seventh Circuit · 1987
  5. Bartmann v. Maverick Tube Corp.Court of Appeals for the Tenth Circuit · 1988

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3Cited by18 opinions

  1. 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
  2. Crown Heights Jewish Community Council, Inc. v. Fischer (In Re Fischer)District Court, E.D. New York · 1996
  3. In Re Euro-American Lodging Corp.United States Bankruptcy Court, S.D. New York · 2007
  4. In Re Paper I Partners, L.P.United States Bankruptcy Court, S.D. New York · 2002
  5. In Re SpadeUnited States Bankruptcy Court, D. Colorado · 2001

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