United States Ninth Circuit

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In re: Marciano, 11-60070

Bankruptcy court's summary judgment for petitioning creditors is affirmed, where: 1) an involuntary bankruptcy petition filed against the debtor met the requirements of 11 USC section 303(b)(1) even though judgments obtained by the petitioning creditors were on appeal when the petition was filed, because an unstayed non-default state judgment is not subject to bona fide dispute for purposes of section 303(b)(1); 2) service of the summons and complaint was proper; and 3) the bankruptcy court did not err in entering an order precluding debtor's discovery as to the petitioning creditors' alleged bad faith in filing the involuntary petition.

Appellate Information

  • Decided 02/27/2013
  • Published 02/27/2013




  • United States Ninth Circuit