期刊名称：Washington University Journal of Law & Policy
印刷版ISSN：1533-4686
电子版ISSN：1943-0000
出版年度：2017
卷号：55
期号：1
页码：75-86
出版社：Washington University School of Law
摘要：This Article evaluates the issues arising under 11 U.S.C. § 303, which governs involuntary bankruptcies. The Authors being by presenting an overview of commencing an involuntary bankruptcy case, as highlighted by the lengthy litigation inspired by Rosenberg v. DVI Receivable XVII, LLC and its dismissal. The Article concludes that the current state of § 303 can open additional litigation replete with costs, awards, fees, and other bad-faith damages, and creditors should exercise caution before pursuing involuntary bankruptcy, especially it it’s likely to fair for meeting the statutory requirements.
关键词：Chapter 7 Bankruptcy; Bankruptcy Code; Involuntary Bankruptcy; Creditor’s Rights; Standing; Federal Rules of Civil Procedure; Attorney’s Fees; Bankruptcy Petition; Bankruptcy Litigation; Punitive Damages; Federal Rules of Bankruptcy Procedure
