They all joined in time? (Photo by Marilyn Swanson) By: Donald L Swanson Question: May a bankruptcy court establish a deadline for creditors to join a pending involuntary petition? Answer: Yes. Such question and answer are from this informative opinion: PCC Rokita, S.A. v. HH Technology Corp. (In re HH Technology Corp.), Case No. 24-9002 (1st... Continue Reading →

Qualifications? (Photo by Marilyn Swanson) By: Donald L Swanson The opinion is PCC Rokita, S.A. v. HH Technology Corp. (In re HH Technology Corp.), Case No. 24-9002 (1st Cir.; decided July 24, 2025). The opinion begins like this (emphasis added): “Debtors initiate most bankruptcy cases. But sometimes, creditors are the initiators. Creditors initiate a bankruptcy case... Continue Reading →

A convertible car? (Photo by Marilyn Swanson) By: Donald L Swanson Can a creditor’s future right to convert an existing debt claim to equity prevent that creditor from being an involuntary bankruptcy petitioner under § 303(b)? That’s the issue resolved in In re QDOS, Inc., Case No. 8:18-bk-11997, Central California Bankruptcy Court (decided July 23, 2024;... Continue Reading →