· 6/25/1980
In Re All Media Properties, Inc.
Citations
- 5 B.R. 126
- 2 Collier Bankr. Cas. 2d 449
- 1980 Bankr. LEXIS 4918
- 6 Bankr. Ct. Dec. (CRR) 586
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- “the ... [present] test for involuntary petitions was adopted not to restrict and limit the involuntary process but was included to allow more flexibility”
- “Subsequent events might lead to a dispute as to liability because of, for example, defective merchandise, but that would merely serve to render the debt a disputed one but would not make it a contingent one”
- “The fact that a debtor is not paying ‘insiders’ who happen to be creditors, and that those ‘insiders’ are not pressing for payment does not negate the fact that the debtor was not paying its debts as they become due.”
- “[I]t is important that involuntary petitions be tried and resolved promptly because if the debtor is not paying its debts as they become due, then its creditors are entitled to the protec tion of their rights afforded by the Code and to prevent the debtor from wasting its assets.”
- 51% or majority test rejected
Source: CourtListener parenthetical corpus (CC0).
Judges: Patton
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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