In Re Smith

How courts have described this case

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

• while the debtor was paying small recurring debts, he was not paying 99 percent of his debts in the aggregate amount and thus was not generally paying his debts as they became due
• debtor is not generally paying debts in cases in which he is paying his small recurring debts as they come due, but is not paying 99% of his debts in aggregate amount
• while the debtor was paying small recurring debts, he was not paying 99 percent of his debts in the aggregate amount and thus was not generally paying his debts as they became due
• “To the extent that Mr. Smith [the debtor] argues that the funds paid from the Wells Fargo Account were Ms. Smith’s separate property, and not property of the estate, he has not met his burden.”
• only \a holder of a claim ... that is not contingent as to liability or the subject of a bona fide dispute as to liability or amount\ is counted in determining the number of creditors necessary to file an involuntary petition

Source: CourtListener parenthetical corpus (CC0).

Cited by

12 cases in this archive cite this case.

• In Re Henry S. Miller Commercial, LLC
  N.D. Texas· 2009-09-11· cited 18×
• In Re Green Hills Development Co., LLC
  S.D. Mississippi· 2011-02-17· cited 13×
• In re Corrline International, LLC
  S.D. Texas· 2014-08-21· cited 13×
• In re Acis Capital Mgmt., L.P.
  N.D. Texas· 2018-04-13· cited 12×
• In re Kennedy
  S.D. Mississippi· 2014-02-12· cited 9×
• In re Edwards
  N.D. Texas· 2013-11-14· cited 8×
• In re Bates
  W.D. Texas· 2016-01-26· cited 8×
• In re Vitaminspice
  E.D. Pennsylvania· 2012-04-19· cited 5×
• In re Bos
  N.D. Florida· 2016-03-11· cited 5×
• In Re Texas Rangers Baseball Partners
  N.D. Texas· 2010-06-22· cited 4×
• In re Mikkelson
  D. North Dakota· 2013-09-11· cited 4×
• In re Square at Falling Run, LLC
  N.D. West Virginia· 2012-04-30· cited 1×