Legal Opinion
In Re Kidwell
United States Bankruptcy Court, E.D. California
Decided August 25, 1993No. 19-20534PublishedCited by 54 opinions
1Opinion of the Court
MEMORANDUM DECISION ON MOTION TO DISMISS INVOLUNTARY PETITION
CHRISTOPHER M. KLEIN, Bankruptcy Judge:
Must the court dismiss an involuntary petition merely because the sole petitioner circumvented the three-petitioner requirement by intentionally misrepresenting the number of creditors even though three other creditors oppose dismissal and demand their statutory right to join in the petition? 1 It is a clash between 11 U.S.C. § 303(b), which requires three petitioners whenever there are at least twelve creditors eligible to petition, and 11 U.S.C. § 303(c), which authorizes eligible creditors…
2Cases cited27 opinions
- Bradley v. School Bd. of RichmondSupreme Court of the United States · 1974
- Harper v. Virginia Department of TaxationSupreme Court of the United States · 1993
- Thorpe v. Housing Authority of DurhamSupreme Court of the United States · 1969
- United States v. Schooner PeggySupreme Court of the United States · 1801
- 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
22 more not listed; retrieve them via the Exa API.
3Cited by54 opinions
- Orange Blossom Ltd. Partnership v. Southern California Sunbelt Developers, Inc. (In Re Southern California Sunbelt Developers, Inc.)Court of Appeals for the Ninth Circuit · 2010
- Koffman v. Osteoimplant Technology, Inc.District Court, D. Maryland · 1995
- Marciano v. Fahs (In Re Marciano)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2011
- In Re Forever Green Athletic Fields, Inc.Court of Appeals for the Third Circuit · 2015
- Wechsler v. MacKe International Trade, Inc. (In Re MacKe International Trade, Inc.)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2007
49 more not listed; retrieve them via the Exa API.