Fustolo v. 50 Thomas Patton Drive, LLC
Court of Appeals for the First Circuit
1Opinion of the Court
KAYATTA, Circuit Judge.
We hold in this case that a claim to payment that 50 Thomas Patton Drive, LLC (“Patton Drive”) holds against Steven Fustolo (“Fustolo”) “is not contingent as to liability or the subject of a bona fide dispute as to liability or amount” within the meaning of section 303(b)(1) of the Bankruptcy Code. 11 U.S.C. § 303(b)(1). We therefore affirm the decision of the bankruptcy court, which found Patton Drive qualified to join with two other creditors also holding non-contingent, undisputed claims to force Fustolo into an involuntary bankruptcy proceeding.
I
Patton Drive’s…
2Cases cited32 opinions
- United States v. Ilario M.A. ZanninoCourt of Appeals for the First Circuit · 1990
- Bullard v. Blue Hills BankSupreme Court of the United States · 2015
- Begelfer v. NajarianMassachusetts Supreme Judicial Court · 1980
- In Re Robert J. Mason, Debtor. Robert J. Mason v. Integrity Insurance Company and Sherwood & Roberts, Inc.Court of Appeals for the Ninth Circuit · 1983
- Boynton v. BallSupreme Court of the United States · 1887
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