Summary
applying Rule 21 to remedy a jointly filed involuntary petition against spouses
Summary of this case from In re AlzugarayOpinion
Case No. 04-30910.
August 18, 2004
ORDER OF THE COURT: 1) DENYING THE DEBTORS' REQUEST FOR DISMISSAL OF INVOLUNTARY BANKRUPTCY PROCEEDING; 2) GRANTING PETITIONER'S MOTION TO AMEND PETITION AND PLACE JOINT DEBTORS INTO SEPARATE CHAPTER 7 INVOLUNTARY BANKRUPTCY CASES; -AND- 3) GRANTING ORDERS FOR RELIEF IN BOTH INVOLUNTARY BANKRUPTCY CASES.
In conjunction with the court's decision entered contemporaneously herewith, the court makes the following determinations: 1) the court has subject matter jurisdiction and retains the ability to allow the petitioners to cure the procedurally defective joint petition; 2) the petitioners constitute the requisite number of qualifying creditors holding distinct claims against each of the Debtors as required by 11 U.S.C. § 303(b); and 3) that all other contested requirements and grounds for relief have been met as to each of the Debtors.
WHEREFORE, the court denies the Debtors' request for dismissal of the involuntary case and GRANTS the petitioning creditors' motion to sever the bankruptcy cases against Debtors Jack A. Bowshier and Linda L. Bowshier [Doc. 14]. The court will further grant orders for relief in both involuntary Chapter 7 cases. Following the petitioning creditors' filing of the amended involuntary petitions, and additional filing fee, the court will enter orders for relief in both cases referring back to the original petition filing date of February 6, 2004.