Historically, business disputes were resolved informally and, if a resolution was not achieved, litigation ensued. Recently, a trend has emerged of pursuing business disputes and collection actions through the bankruptcy system by forcing companies into involuntary bankruptcy. Such a strategy may backfire by causing the complete meltdown of the business-guaranteeing little or no recovery for all unsecured creditors, including those unsecured creditors who filed the involuntary petition.
When an involuntary proceeding may be brought
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