Case Summary:
Alleged debtor sought dismissal of involuntary bankruptcy petition on grounds that it had more than 12 creditors. The petitioning creditor contended that the debtor did not have more than 12 creditors. The court found that an involuntary bankruptcy petition was an extreme remedy with serious consequences for a debtor. Here, the debtor sought to handle its affairs outside the bankruptcy forum and the case appeared to be little more than an extension of an ongoing two-party dispute pending elsewhere. There was unlikely to be a meaningful payout to chapter 7 creditors. The involuntary petition was dismissed.
Statute/Rule References:
Fed. R. Bankr. P. 103 -- Involuntary Petition
11 U.S.C. § 303 -- Involuntary Cases
Judge:
Date:
Thursday, October 20, 2005