Crown Heights Jewish Community Council, Inc. v. Fischer (In Re Fischer)

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• stating that the analysis “requires a careful balancing of both the number and amount of the unpaid debts, in proportional terms, viewed in the light of the alleged debtor’s total financial picture”
• explaining why some courts refuse to consider sole-creditor petitions unless there are exceptional circumstances such as where the creditor has no adequate alternative remedy under non-bankruptcy law
• “both opposing counsel and the court have independent obligations to examine a possible attorney-client conflict”
• “even though an alleged debtor may owe only one debt, or very few debts, an order for relief may be granted where such debt or debts are sufficiently substantial to establish the generality of the alleged debtor’s default”
• even though the debtor only had two outstanding debts, the total dollar amount failed to establish that, in terms of dollar amounts, the debtor was paying anywhere close to 50% of his liabilities, so he was not generally paying his debts as they became due
• noting inconsistency of the rule with the statutory language

Source: CourtListener parenthetical corpus (CC0).