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Simplest Appeal Argument Award
Details for Simplest Appeal Argument Award
PropertyValue
NameSimplest Appeal Argument Award
Description

The award for an appeal won by it's opening statement goes to:

JEFFREY BARON, Appellant v. ELIZABETH SHURIG, et. al. Appellees

ON APPEAL FROM THE UNITED STATES BANKRUPTCY COURT
FOR THE NORTHERN DISTRICT OF TEXAS, DALLAS DIVISION

I.  Preliminary Statement

Instead of demonstrating that they obtained final judgments against Baron through a fair trial—or at least rebutting that an interlocutory fee order is not akin to a final judgment under Federal Rules of Civil Procedure—the Petitioning Creditors and Trustee make repetitive arguments that Baron is a vexatious litigant, in an attempt to convince yet a fourth court that they're entitled to extraordinary equitable relief. Setting aside that this allegation is baseless, as demonstrated below, section 303 of the Bankruptcy Code contains absolutely no provision that allows alleged creditors to force an individual into bankruptcy because he or she is “vexatious.”  Rather, section 303 requires petitioning creditors to hold claims that are not subject to bona fide dispute as to liability or amount. And the reasoning behind this requirement makes perfect sense, as the Bankruptcy Code was not intended to be used as a tool by plaintiffs to obtain a litigation advantage over defendants by placing them into bankruptcy. For these and other reasons, the Involuntary Case should be dismissed.

FilenameONDOVA_47_CONSOLIDATED_REPLY_OF_APPELLANT_TO_OPENING_BRIEFS_OF_INTERVENOR_AND_PETITIONING_CREDITORS.pdf.pdf
Filesize396.35 kB
Filetypepdf (Mime Type: application/pdf)
Creatoradmini
Created On: 03/07/2015 15:56
ViewersEverybody
Maintained byEditor
Hits3418 Hits
Last updated on 03/07/2015 16:04
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