IN RE SEKO INVESTMENT, INC.

No. 96-56508.

156 F.3d 1005 (1998)

In Re: SEKO INVESTMENT, INC., a Nevada Corporation, Debtor. CHICAGO TITLE INSURANCE COMPANY, Appellant, v. SEKO INVESTMENT, INC., Appellee.

United States Court of Appeals, Ninth Circuit.

Decided September 28, 1998.


Attorney(s) appearing for the Case

Joseph K. Hegedus, Gordon J. Calhoun, Douglas R. Irvine, Lewis, D'Amato, Brisbois & Bisgaard, Los Angeles, CA, for appellant.

Russell H. Rapoport, Plotkin, Rapoport & Nahmias, Encino, CA, for appellee.

Before: KOZINSKI, O'SCANNLAIN and TROTT, Circuit Judges.


KOZINSKI, Circuit Judge:

We must decide whether section 303(b) of the Bankruptcy Code strips a creditor of standing to thrust a debtor into involuntary bankruptcy if the debtor asserts a counterclaim against the creditor.

Background

Seko, the accused bankrupt here, borrowed $750,000 from two lenders in 1986, pledging real estate as security. Chicago Title issued an owner's title insurance policy on the...

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