Legal Opinion

In Re Grossinger

United States Bankruptcy Court, S.D. New York

Decided October 19, 2001No. 18-37024PublishedCited by 13 opinions

1Opinion of the Court

MEMORANDUM DECISION ON SANCTIONS FOR SHAM INVOLUNTARY FILING

ADLAI S. HARDIN, Jr., Bankruptcy Judge.

Within the past year or so courts in the Southern and Eastern Districts have experienced a number of patently baseless and improper involuntary filings. The potential for collusive filing exists where a “friendly” creditor files an involuntary petition with no intention of serving the debt- or or seeking an order for relief but with the intent of frustrating the rights of a secured creditor or any other creditor whose state court remedies are stayed until the case is closed. In such a case there…

2Cases cited8 opinions

  1. In Re: Bayshore Wire Products Corp., Debtor. Lubow MacHine Co., Inc. And Marksmen Manufacturing, Inc., Creditors-Appellants v. Bayshore Wire Products Corp.Court of Appeals for the Second Circuit · 2000
  2. In Re Better Care, Ltd.United States Bankruptcy Court, N.D. Illinois · 1989
  3. Atlas MacHine & Iron Works, Incorporated v. Bethlehem Steel Corporation, Bethlehem Steel Corporation v. Atlas MacHine & Iron Works, IncorporatedCourt of Appeals for the Fourth Circuit · 1993
  4. Putnam Trust Co. of Greenwich v. Frenz (In Re Frenz)United States Bankruptcy Court, D. Connecticut · 1992
  5. In Re Dino's, Inc.District Court, S.D. Ohio · 1995

3 more not listed; retrieve them via the Exa API.

3Cited by13 opinions

  1. In Re Tichy Elec. Co. Inc.United States Bankruptcy Court, N.D. Iowa · 2005
  2. In re Anmuth Holdings LLCUnited States Bankruptcy Court, E.D. New York · 2019
  3. In Re LetourneauUnited States Bankruptcy Court, N.D. Illinois · 2010
  4. In re Basil Street Partners, LLCUnited States Bankruptcy Court, M.D. Florida · 2012
  5. In Re SternUnited States Bankruptcy Court, S.D. New York · 2001

8 more not listed; retrieve them via the Exa API.

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