303

Ninth Circuit Bars Third Parties from Seeking Damages for Dismissal of an ‘Involuntary’

If the involuntary corporate debtor was deadlocked and unable to act, the dissenter would have permitted a 50% shareholder to seek damage for dismissal of the petition.
Court: 

New York Judge Dismisses an Involuntary Petition Against a CDO

Judge Vyskocil denounces an involuntary petition as an attempt by senior, fully secured noteholders to profit at the expense of subordinate noteholders.

Second Circuit Upholds Dismissal of an ‘Involuntary’ in a Two-Party Dispute

Additional judgment enforcement remedies under the Bankruptcy Code don’t justify an involuntary petition.
Court: 

Pages