Circuit split · bankruptcy law
Whether the requirements of Bankruptcy Code § 303(b) for an involuntary petition are jurisdictional prerequisites that convey subject-matter jurisdiction on the bankruptcy court, or merely substantive elements that petitioning creditors must prove or that can be waived
1 federal appellate case on this question, each acknowledging the disagreement in its own words.
Eleventh Circuit Court of Appeals · April 23, 2008
“Circuit Split As mentioned above, the circuits, and other courts, are split on whether the requirements of § 303(b) must be satisfied to convey subject matter jurisdiction over an involuntary case upon the bankruptcy court or whether, instead, they are merely “substantive matters which must be proved or waived for petitioning creditors to prevail in involuntary proceedings.” — Acknowledges a circuit split
Empirical analysis of this case →
The provision at issue
11 U.S.C. § 303 — Involuntary cases
“(a) An involuntary case may be commenced only under chapter 7 or 11 of this title, and only against a person, except a farmer, family farmer, or a corporation that is not a moneyed, business, or commercial corporation, that may be a debtor under the chapter under which such case is commenced. (b) An involuntary case against a person is commenced by the filing with the bankruptcy court of a petition under chapter 7 or 11 of this title— (1) by three or more entities, each of which is either a holder of a claim against such person that is not …”Read the full section →
The other side of the split
Decisions the acknowledging court(s) named as the opposing or joined side, quoted in the acknowledging opinion's own words.
- On the other side · 9th Cir.In re Rubin769 F.2d 611
“Circuit Split As mentioned above, the circuits, and other courts, are split on whether the requirements of § 303(b) must be satisfied to convey subject matter jurisdiction over an involuntary case upon the bankruptcy court or whether, instead, they are merely “substantive matters which must be proved or waived for petitioning creditors to prevail in involuntary proceedings.” In re Rubin, 769 F.2d 611 , 614 n.” — Trusted Net Media Holdings, LLC v. Morrison Agency, Inc., acknowledging the split
- On the other side · 9th Cir.In re Mason709 F.2d 1313
- On the other side · 2d Cir.In re BDC 56 LLC330 F.3d 111
What the split turns on
Cases are grouped by the legal question they announce a split on, classified from the court's own acknowledgment sentence. Verified acknowledgments only. Counter-side decisions are extracted from the acknowledging opinions' own text and linked only when the citation resolves in this corpus. See all circuit splits.