Daniel J. Weiner and Leon N. Mayer Co-Author Article Published in Norton Bankruptcy Law Advisor

April, 2019

Daniel J. Weiner and Leon N. Mayer co-authored Can a Lone Creditor With a State Court Remedy Prosecute an Involuntary Chapter 7 Case?  which was published in the December 2018 issue of the Norton Bankruptcy Law Advisor.  Their article examined Wilk Aulander LLP v. Murray,  a 2018 involuntary bankruptcy case commenced by a lone creditor.  In Murray  the involuntary was dismissed by the Bankruptcy Court, and the dismissal was affirmed by the Second Circuit Court of Appeals.  The article explores Murray’s  unique facts and compares them to several other involuntary chapter 7 cases brought by a lone creditor.  The article provides a framework to help understand why some of these lone creditor cases were dismissed while others were allowed to proceed, and offers both debtors and lone creditors strategies to achieve their desired result.