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: Indiana Civil & Business LawyerNot Your Usual Bankruptcy: Corner Care Clinics
It looks like the end won't come quietly for Julie Beckner and her now-defunct chain of Corner Care Clinics.The Bankruptcy Code calls them involuntary because - as here - the creditors file the bankruptcy petition instead of the debtor. 11 U.S.C § 303 contains the law on involuntary cases.In late December, three suppliers forced Beckner and her Indianapolis-based company into bankruptcy court, claiming they are owed at least $112,000. Two of the creditors are from Indianapolis: The Dodson Group Inc., a business purchasing service, and CPPM Inc., a printing and mailing firm. The third creditor is Leventhal Productions, a media buyer in St. Louis.
The suppliers filed their Chapter 11 involuntary bankruptcy petition on Dec. 19 in federal bankruptcy court in Indianapolis. All three firms are represented by Bingham McHale attorney Whitney L. Mosby.
Think of these cases more as a way to collect than evade debts. If successful, an involuntary bankruptcy frees assets to pay the creditors.
When would filing an involuntary bankruptcy be a good idea? When the debtor has enough assets for the creditor to get something in return for the filing and when you can meet the other requirements of 11 U.S.C. .
I think anyone in Indiana looking for an involuntary (or a voluntary) Chapter 11 needs to look at the big city firms. However, one can file an involuntary Chapter 7.
Full post as published by Indiana Civil & Business Lawyer on January 10, 2008 (boomark / email).
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