Legal Opinion
Booher Enterprises v. Eastown Auto Co. (In Re Eastown Auto Co.)
Bankruptcy Appellate Panel of the Sixth Circuit
Decided January 23, 1998No. BAP 97-8056, 97-8057PublishedCited by 51 opinions
1Opinion of the Court
OPINION
Booher Enterprises (“Booher”), Don E. Graham and Jamie Smith filed an involuntary Chapter 7 petition against Eastown Auto Co. (“Eastown”). Eastown filed a motion to dismiss, asserting that an insufficient number of eligible creditors had signed the petition. The bankruptcy court found that because Eastown had more than twelve eligible creditors, the bankruptcy code required that at least three eligible petitioning creditors join the petition. The bankruptcy court also found that two of the petitioning creditors, Booher and Graham, did not qualify as petitioning creditors. The…
2Cases cited25 opinions
- Anderson v. City of Bessemer CitySupreme Court of the United States · 1985
- United States v. United States Gypsum Co.Supreme Court of the United States · 1948
- Midland Asphalt Corp. v. United StatesSupreme Court of the United States · 1989
- In Re DownsCourt of Appeals for the Sixth Circuit · 1996
- Bankr. L. Rep. P 75,948 in Re Kenneth L. Isaacman, Debtor. J.E. Nicholson, Jr. v. Kenneth L. IsaacmanCourt of Appeals for the Sixth Circuit · 1994
20 more not listed; retrieve them via the Exa API.
3Cited by51 opinions
- In Re Dsc, Ltd., a Michigan Corporation, Debtor. Riverview Trenton Railroad Company Crown Enterprises, Inc. v. Dsc, Ltd., a Michigan CorporationCourt of Appeals for the Sixth Circuit · 2007
- Treinish v. Norwest Bank Minnesota, N.A. (In Re Periandri)Bankruptcy Appellate Panel of the Sixth Circuit · 2001
- In Re: Ralph T. Byrd, Debtor, Platinum Financial Services Corporation, Roger Schlossberg, Chapter 7 Trustee, Trustee-Appellant v. Ralph T. ByrdCourt of Appeals for the Fourth Circuit · 2004
- In re Vortex Fishing Systems, Inc.Court of Appeals for the Ninth Circuit · 2002
- Marketing & Creative Solutions, Inc. v. Scripps Howard Broadcasting Co. (In Re Marketing & Creative Solutions, Inc.)Bankruptcy Appellate Panel of the Sixth Circuit · 2006
46 more not listed; retrieve them via the Exa API.