In Re R. Eric Peterson Construction Company, Inc., Debtor. R. Eric Peterson Construction Company, Inc. v. Quintek, Inc.

EBEL, Circuit Judge.

In this appeal, we address whether a debtor met the prerequisites to maintain a claim of bad faith against petitioning creditors pursuant to section 303(i) of the Bankruptcy Code, 11 U.S.C. § 303(i), after the underlying involuntary bankruptcy petition was dismissed without objection by the debtor. 1 This issue turns on whether the debtor consented to dismissal of the bankruptcy petition when it did not object to the creditors’ voluntary dismissal of the bankruptcy petition, although at the same time specifically reserving a claim against the creditors under section 303(i)…