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IN RE QDOS, INC.

BAP No. CC-18-1301-TaFS. Bk. No. 8:18-bk-11997-MW.

607 B.R. 338 (2019)

IN RE: QDOS, INC., Debtor. Matthew Hayden; Felice Terrigno; Jim Maddox; Carl Wiese, as Trustee for the Wiese Family Trust Dated as of October 31, 2013, Appellants, v. QDOS, Inc., Appellee.

United States Bankruptcy Appellate Panel of the Ninth Circuit.

Filed November 7, 2019.

Attorney(s) appearing for the Case

Patrick Costello of Vectis Law Group argued for appellants;

Damian Capozzola of The Law Offices of Damian D. Capozzola argued for appellee.

Before: Taylor, Faris, and Spraker, Bankruptcy Judges.

OPINION

INTRODUCTION

Matthew Hayden, Felice Terrigno, Jim Maddox, and the Wiese Family Trust ("Petitioning Creditors") sought to place QDOS, Inc. ("QDOS") into an involuntary chapter 11 proceeding.1 QDOS sought dismissal through a Civil Rule 12(b)(6) motion based on the assertion...

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