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PARADISE HOTEL CORP. v. BANK OF NOVA SCOTIA

No. 87-3318.

842 F.2d 47 (1988)

PARADISE HOTEL CORPORATION d/b/a Pineapple Beach Resort, Appellant v. BANK OF NOVA SCOTIA.

United States Court of Appeals, Third Circuit.

Decided March 15, 1988.

Attorney(s) appearing for the Case

Jewel Cooper, Cooper & Diase, St. Thomas, U.S.V.I., Elisabeth R. Sauer (argued), Campbell, Morgan, Gibson & Kramer, Kansas City, Mo., for appellant.

William L. Blum, Lloyd De Vos (argued), Andrew W. Heymann, De Vos & Co., Charlotte Amalie, St. Thomas U.S.V.I., for appellee.

Before GIBBONS, Chief Judge, STAPLETON, and MANSMANN, Circuit Judges.

OPINION OF THE COURT

STAPLETON, Circuit Judge:

This appeal requires us to determine whether a fully secured creditor may participate in the filing of an involuntary bankruptcy petition. We must also decide whether the debtor in this case is foreclosed by its response to the involuntary petition from now asserting claims based on alleged wrongdoing on the part of the secured creditor in the filing of that petition. Finally, we address the issue of whether...

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