Claims of Non-Debtors Alleging Harm From Filing of Involuntary Bankruptcy of Debtor are Not Preempted by the Bankruptcy Code

Rosenberg v. DVI Receivables XVII, LLC, ___ F.3d ___ (3d Cir. 2016).  As Judge Ambro noted in his opinion in this case today, an involuntary bankruptcy is one that is commenced by creditors, essentially forcing a debtor into bankruptcy proceedings.  Section 303(i) of the Bankruptcy Code provides, however, that if an involuntary bankruptcy petition is […]

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