In re White

1 Citing case

  1. In re Caucus Distributors, Inc.

    83 B.R. 921 (Bankr. E.D. Va. 1988)   Cited 31 times
    Noting that "the alleged debtors must plead and prove the issue of whether they are eleemosynary organizations"

    Campaigner Publications, Inc. has admitted in paragraph 4 of its answer to the involuntary petition that it is a person against whom an involuntary petition may be commenced. Contrary to the government's position, some courts have held that where the issue is controverted, the petitioning creditor bears the burden of proving that he may obtain relief against the alleged debtor under § 303. Jenkins v. Petitioning Creditor — Ray E. Friedman, 664 F.2d 184, 186 (8th Cir. 1981); In re Hinrichs, 314 F.2d 384, 385 (7th Cir. 1963); In re White, 238 F. Supp. 454, 455 (D.Colo. 1965). Regardless of which view this Court supports, the government must establish that there is no genuine issue as to the alleged debtors' status on its motion for summary judgment.