IN
THE
UNITED
STATES
BANKRUPTCY
COURT
NORTHERN
DISTRICT
OF
TEXAS
DALLAS
DIVISION
§
§
Case
No.: 12-37921-7
IN
RE
§
§
Involuntary
Chapter
7
JEFFREY
BARON
8
Petition
JEFFREY
BARON'S
12(B)
MOTIONS
&
PROVISIONAL
ANSWER
TO
THE
HONORABLE
STACEY
G. C.
JERNIGAN,
UNITED
STATES
BANKRUPTCY
JUDGE:
L
Motion
to
Dismiss
for
Failure
to
State
a
Claim
upon
which
Relief
Can
be
Granted
and
Lack
of
Jurisdiction
1. A claim under
11
U.S.C. §303 against a debtor with more than 12 creditors
and the Court's jurisdiction thereunder, requires and is contingent upon a petition by
three or more entities, each
of
which holds a claim against such debtor
"that
is
not
contingent
as
to
liability
or
the
subject
of
a
bona
fide
dispute
as
to
liability
or
amount".
11
U.S.C.
§303(b)(l).
2. Entities alleging a debt which is contingent or the subject
of
a bona fide
dispute as to liability or amount lack standing to petition for the commencement of
an involuntary case under §303
of
Chapter 11. Id. A person seeking to invoke the
jurisdiction
of
the court must establish the requisite standing to sue. E.g.,
Whitmore
v.
Arkansas, 495 U.S. 149, 154 (1990).
3. None
of
the petitioners in this case holds a claim against the alleged debtor
that is not contingent as to liability or the subject
of
a bona fide dispute as to
liability or amount. Rather, the petitioners are attempting to invoke the power
of
the
federal bankruptcy court for the improper purpose
of
securing a pre-judgment
•1-