Legal Opinion
In Re Barth
United States Bankruptcy Court, D. Connecticut
Decided January 18, 1990No. 19-50258PublishedCited by 4 opinions
1Opinion of the Court
MEMORANDUM AND DECISION ON DEBTOR’S MOTION TO DISMISS
ALAN H.W. SHIFF, Bankruptcy Judge.
The debtor moves to dismiss his chapter 7 case. For the reasons that follow, the motion is denied.
BACKGROUND
On December 4, 1987, United Jersey Bank/Commercial Trust (“UJB”) filed an involuntary petition under chapter 7 of the Bankruptcy Code against the debtor. Code § 303(h) provides that if an involuntary “petition is not timely controverted, the court shall order relief against the debt- or....” On January 12, 1988, 1 the debtor filed a motion to dismiss the involuntary petition, contending that he had…
2Cases cited5 opinions
- 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
- In the Matter of Emergency Beacon Corporation, Debtor. Montco, Inc. v. Harvey S. BarrCourt of Appeals for the Second Circuit · 1981
- Mildred A. McLearn v. Cowen & Co. And Merrill Lynch Pierce Fenner & Smith, IncorporatedCourt of Appeals for the Second Circuit · 1981
- Canute Steamship Co. v. Pittsburgh & West Virginia Coal Co.Supreme Court of the United States · 1923
- Dunlop Tire & Rubber Corp. v. Earl's Tire Service, Inc. (In Re Earl's Tire Service, Inc.)District Court, D. Delaware · 1980
3Cited by4 opinions
- In Re EverettUnited States Bankruptcy Court, N.D. Ohio · 1994
- In Re Cohn-Phillips, Ltd.United States Bankruptcy Court, E.D. Virginia · 1996
- In re EdwardsUnited States Bankruptcy Court, N.D. Texas · 2013
- In Re ShapiroUnited States Bankruptcy Court, E.D. New York · 1991