Legal Opinion

In the Matter of Alva Ray Denham, Alleged Bankrupt. Alva Ray Denham v. Shellman Grain Elevator, Inc.

Court of Appeals for the Fifth Circuit

Decided July 2, 1971No. 71-1013PublishedCited by 1 opinion

1Opinion of the Court

LEWIS R. MORGAN, Circuit Judge:

This appeal is before us on two principal issues: (1) Does the involuntary petition filed here meet the requirements of Section 59(b) of the Bankruptcy Act as to number of petitioning creditors; and (2) Does the claim of the principal creditor meet the requirements of Section 59(b), in that it must not be contingent as to liability ?

The alleged bankrupt, the appellant here, filed an answer to the involuntary petition denying, among other things, that he had creditors less than twelve (12) in number. He alleged in his answer that he had in fact eighteen (18)…

2Cases cited8 opinions

In re BlountDistrict Court, E.D. Arkansas · 1906
In Re Walton PlywoodDistrict Court, W.D. Washington · 1964
In re BrancheDistrict Court, N.D. New York · 1921
In re BurgDistrict Court, N.D. Texas · 1917
In Re LawtonDistrict Court, S.D. West Virginia · 1954

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

3Cited by1 opinion

In the Matter of Alva Ray Dengam, Alleged Bankrupt. Alva Ray Denham v. Shellman Grain Elevator, Inc., No. 71-1013 Summary Calendar. (1) Rule 18, 5th Cir. See Isbell Enterprises, Inc. v. Citizens Casualty Co. Of New York, 5 Cir., 1970, 431 F.2d 409, Part ICourt of Appeals for the Fifth Circuit · 1971