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DEPT. OF REVENUE v. BLIXSETH

No. 18-15064.

942 F.3d 1179 (2019)

State of Montana DEPARTMENT OF REVENUE, Appellant, v. Timothy L. BLIXSETH, Appellee.

United States Court of Appeals, Ninth Circuit.

Filed November 26, 2019.

Attorney(s) appearing for the Case

Lynn H. Butler (argued), Husch Blackwell LLP, Austin, Texas; Mark J. Gardberg , Howard and Howard Attorneys PLLC, Las Vegas, Nevada; for Appellant.

Nathan Andrew Schultz (argued), Goodwin Procter LLP, San Francisco, California; Kevin O'Connell , Kevin O'Connell P.C., Portland, Oregon; Jenny L. Doling and Summer M. Shaw , Doling Shaw & Hanover APC, Palm Desert, California; for Appellee.

Before: Michael Daly Hawkins, M. Margaret McKeown, and Jay S. Bybee, Circuit Judges.

OPINION

We must determine whether a creditor holding a claim that is partially disputed as to amount has standing to act as a petitioning creditor in an involuntary bankruptcy proceeding under 11 U.S.C. § 303. We join our sister circuits and hold that a claim is subject to a bona fide dispute as to amount within...

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