IN RE McGINNIS

No. 01-3202.

296 F.3d 730 (2002)

In re W. Farrell McGINNIS; Susan J. McGinnis, Debtors. W. Farrell McGinnis; Susan J. McGinnis, Debtors — Appellants, v. Jenkins & Associates, Inc.; Building Construction Enterprises, Inc.; DiCarlo Construction Company; Ferguson Enterprises, Inc.; J.R. Electrical Supply, Creditors — Appellees.

United States Court of Appeals, Eighth Circuit.

Filed: July 26, 2002.

Rehearing and Rehearing Denied: September 17, 2002.


Attorney(s) appearing for the Case

R. Todd Wilhelmus, Mission, KS, for appellants.

Mark T. Benedict, Kansas City, MO, for appellees.

Before WOLLMAN, BEAM and LOKEN, Circuit Judges.


Rehearing and Rehearing En Banc Denied: September 17, 2002.

PER CURIAM.

The Bankruptcy Code provides that an involuntary Chapter 7 proceeding may be commenced by "three or more entities, each of which is ... a holder of a claim against such person that is not contingent as to liability or the subject of a bona fide dispute." 11 U.S.C. § 303(b)(1). In this case, general contractors Jenkins & Associates, Inc., Building Construction Enterprises, Inc...

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