In Re Norriss Bros. Lumber Co., Inc.

MEMORANDUM OPINION

ROBERT C. McGUIRE, Chief Judge.

This is a contested involuntary petition. There are three issues. First, whether the claim of Bank One, Texas, N.A. (“Bank One”), one of the three initial petitioning creditors, is subject to bona fide dispute within the meaning of § 303(b)(1). The Court finds Bank One’s claim is subject to bona fide dispute.

Second, whether the joinder of other claimants with nondisputed claims removes the impediment to Bank One’s filing. The Court finds that such joinder does not remove the impediment.

Third, whether special circumstances exist which remove the…