IN RE CONCRETE PUMPING SERVICE, INC.

No. 90-6304.

943 F.2d 627 (1991)

In re CONCRETE PUMPING SERVICE, INC., Debtor, CONCRETE PUMPING SERVICE, INC., Plaintiff-Appellant, v. KING CONSTRUCTION COMPANY, INC., Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided September 3, 1991.


Attorney(s) appearing for the Case

Chris Ralls (briefed), Maryville, Tenn., for plaintiff-appellant.

Wade M. Boswell (briefed), Knoxville, Tenn., for defendant-appellee.

Before KEITH and BOGGS, Circuit Judges, and WELLFORD, Senior Circuit Judge.


BOGGS, Circuit Judge.

A bankruptcy court granted King Construction Company's petition under Chapter 7 of the Bankruptcy Code to force Concrete Pumping Service, Inc. into involuntary bankruptcy. Concrete Pumping appealed to the United States District Court for the Eastern District of Tennessee, arguing that the bankruptcy court erred because King failed to show that it was "generally not paying such debtor's debts as such debts become due...." 11 U.S.C. § 303...

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