2 Collier on Bankruptcy P 303.08


Summary

  • [1] In General

    Section 303(b) provides that the only entities1Link to the text of the note that can commence an involuntary case are those holding claims2Link to the text of the note (or an indenture trustee representing a holder) that (1) are not contingent as to liability, and (2) are not subject to a bona fide dispute as to liability or amount. Section 303(b) does not expressly refer to such entities as “creditors.”3Link to the text of the note This chapter uses “petitioning creditors” to refer to those who commence an involuntary case, whether the statute authorizes them to do so or not. It uses the term “qualifying creditors” to refer to ...