Equity Can’t Alter the Three Petitioning Creditors Requirement, First Circuit Rules
Even if a debtor has committed fraud, at least three creditors still must join an involuntary petition if the debtor has 12 or more creditors.
Second Circuit Upholds Dismissal of an ‘Involuntary’ in a Two-Party Dispute
Additional judgment enforcement remedies under the Bankruptcy Code don’t justify an involuntary petition.
Punitive Damages under Section 303(i) Can’t Be Offset, Third Circuit Says
One involuntary petition dismissed in bankruptcy court has now spawned three important opinions at the circuit level.