Banco Popular de Puerto Rico v. Reyes-Colon

The First Circuit affirmed the decision of the bankruptcy court dismissing an involuntary bankruptcy petition filed by one bank and joined by another against Defendant, a licensed plastic surgeon, holding that dismissal of the involuntary petition was proper because the Banks failed to meet the requirement that there be at least three petitioning creditors under 11 U.S.C. 303(b)(1). Under section 303(b), fewer than three petitioning creditors cannot force a debtor into bankruptcy unless the debtor has fewer than twelve creditors in total. The bankruptcy court granted Defendant's motion for summary judgment, concluding that Defendant had fifteen qualified creditors at the time the involuntary petition was filed and that the court did not have the equitable power to override the provisions of section 303(b)(1). The First Circuit affirmed, holding that the bankruptcy court did not err by (1) not placing on Defendant the burden of proving that he had twelve or more eligible creditors; (2) not finding that the Banks presented evidence sufficient to show that Defendant did not have twelve or more eligible creditors; and (3) not employing equitable discretion to allow the petition. View "Banco Popular de Puerto Rico v. Reyes-Colon" on Justia Law

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