· 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
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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