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ABI Journal

1003

On a Circuit Split, First Circuit BAP Enforces Deadlines for Joining Involuntary Petitions

The circuits are split on whether a creditor has an ‘unfettered’ right to join as an involuntary petitioner.

Involuntary Bankruptcies

Bankruptcy Code

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Ninth Circuit BAP Rules on a Question to Be Decided Soon by the Supreme Court

Like the question in MOAC to be decided soon by the Supreme Court, the BAP says that the qualifications for an involuntary petitioner are not jurisdictional and can be waived.