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· 10/31/2005

In Re Tichy Elec. Co. Inc.

Citations

  • 332 B.R. 364
  • 55 Collier Bankr. Cas. 2d 255
  • 2005 Bankr. LEXIS 2076
  • 45 Bankr. Ct. Dec. (CRR) 186
  • 2005 WL 2897395

How courts have described this case

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

  • concluding that debtor did not consent to dismissal within the meaning of § 303(i) where debtor did not waive its right to claim under that section
  • noting that the “purpose of an involuntary filing should be the equal distribution of assets among creditors”
  • noting that the “purpose of an involuntary filing should be the equal distribution of assets among creditors”
  • “The goal or purpose of an involuntary filing should be the equal distribution of assets among creditors.”
  • “Bad faith has been found to exist when a creditor’s actions amount to an improper use of the Bankruptcy Code as a substitute for customary collection procedures.”
  • because the debtor reserved its right to assert a claim under § 303(i), it did not consent to dismissal within the meaning of § 303(i)

Source: CourtListener parenthetical corpus (CC0).

Judges: Paul J. Kilburg

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Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.