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IN RE ALTA TITLE CO.

Bankruptcy No. 84C-01113.

55 B.R. 133 (1985)

In re ALTA TITLE COMPANY, a Utah Corporation, Debtor.

United States Bankruptcy Court, D. Utah.

November 4, 1985.

Attorney(s) appearing for the Case

Duane H. Gillman, Boulden & Gillman, Salt Lake City, Utah, trustee.

David W. Overholt, Gustin, Adams, Kasting & Liapis, Salt Lake City, Utah, for Moore Financial of Utah.

Donald J. Winder, Winder & Haslam, Salt Lake City, Utah, for D. Frank Wilkins.

MEMORANDUM OPINION

GLEN E. CLARK, Bankruptcy Judge.

This proceeding requires the Court to decide whether the commencement date of an involuntary petition occurs when the original petition is filed by an insufficient number of petitioning creditors, or when the petition is amended to include the requisite number of creditors. Resolution of this issue turns on two questions. First, is the requirement of three or more petitioning creditors a jurisdictional...

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