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IN RE EASTOWN AUTO CO.

BAP Nos. 97-8056, 97-8057.

215 B.R. 960 (1998)

In re EASTOWN AUTO CO., Alleged Debtor. BOOHER ENTERPRISES, Appellant, v. EASTOWN AUTO CO., Appellee.

Bankruptcy Appellate Panel of the Sixth Circuit.

Decided January 23, 1998.

Attorney(s) appearing for the Case

Alfred W. Schneble III, on brief, Dayton, OH, for Appellant.

Arthur R. Hollencamp, on brief, Hollencamp & Hollencamp, Dayton, OH, for Appellee.

Before: BAXTER, RHODES, and STOSBERG, Bankruptcy Appellate Panel Judges.

OPINION

Booher Enterprises ("Booher"), Don E. Graham and Jamie Smith filed an involuntary Chapter 7 petition against Eastown Auto Co. ("Eastown"). Eastown filed a motion to dismiss, asserting that an insufficient number of eligible creditors had signed the petition. The bankruptcy court found that because Eastown had more than twelve eligible creditors, the bankruptcy code required that at least three eligible petitioning creditors join the petition. The bankruptcy...

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