In the Matter of Royal G. Covey and Norma L. Covey, Individually and as Partners, D/B/A Covey Dodge, Bankrupts-Appellants
Court of Appeals for the Seventh Circuit
1Opinion of the Court
SPRECHER, Circuit Judge.
This case involves an appeal of an order of involuntary bankruptcy. In affirming the order of involuntary bankruptcy, we hold, first, that the decision of a bankruptcy court whether to abstain is not reviewable. Second, we hold that creditors holding disputed claims are not, because of those disputes, disqualified from petitioning for involuntary bankruptcy. But third, we hold that, in some circumstances, a dispute can affect whether nonpayment of a debt should be counted in determining whether a debtor is generally paying debts as those debts become due. We hold that…
2Cases cited7 opinions
- United States v. American Trucking AssociationsSupreme Court of the United States · 1940
- United States v. HartwellSupreme Court of the United States · 1868
- In Re All Media Properties, Inc.United States Bankruptcy Court, S.D. Texas · 1980
- United States v. Shreveport Grain & Elevator Co.Supreme Court of the United States · 1932
- Stensel v. StenselAppellate Court of Illinois · 1978
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3Cited by82 opinions
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- In Re B.D. International Discount Corp., Debtor-Appellant. B.D. International Discount Corp. v. Chase Manhattan Bank, N.A.Court of Appeals for the Second Circuit · 1983
- Universal Casualty & Surety Co. v. Gee (In Re Gee)United States Bankruptcy Court, S.D. New York · 1985
- In Re LambertUnited States Bankruptcy Court, D. Utah · 1984
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