Legal Opinion

In Re Mountain Dairies, Inc.

United States Bankruptcy Court, S.D. New York

Decided July 25, 2007No. 19-22472PublishedCited by 39 opinions

1Opinion of the Court

MEMORANDUM DECISION ON DISMISSAL OF INVOLUNTARY PETITION

CECELIA G. MORRIS, Bankruptcy Judge.

This matter arises from an involuntary petition filed against Mountain Dairies, Inc. (“Mountain Dames”) by a single petitioning creditor, Schneider-Valley Farms, Inc. (“Schneider-Valley”). Mountain Dairies timely opposed entry of an order for relief, and the Court conducted an evidentiary hearing on June 27, 2007. For the reasons set forth below, the Court ruled that Schneider-Valley was an ineligible petitioning creditor pursuant to 11 U.S.C. § 303(b)(1) because Schneider-Valley is not the holder of a…

2Cases cited13 opinions

In Re Dsc, Ltd., a Michigan Corporation, Debtor. Riverview Trenton Railroad Company Crown Enterprises, Inc. v. Dsc, Ltd., a Michigan CorporationCourt of Appeals for the Sixth Circuit · 2007
In Re: Bdc 56 Llc, Debtor. Key Mechanical Inc. v. Bdc 56 Llc, Dwf Inc., Mesta Construction, Inc.Court of Appeals for the Second Circuit · 2003
In Re LoughUnited States Bankruptcy Court, E.D. Michigan · 1986
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
In Re Euro-American Lodging Corp.United States Bankruptcy Court, S.D. New York · 2007

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3Cited by39 opinions

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In Re Amc Investors, LLCUnited States Bankruptcy Court, D. Delaware · 2009
Crest One Spa v. TPG Troy, LLCCourt of Appeals for the Second Circuit · 2015
Fustolo v. 50 Thomas Patton Drive, LLCCourt of Appeals for the First Circuit · 2016
In re TPG Troy, LLCUnited States Bankruptcy Court, S.D. New York · 2013

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