Debtor Inc. is in deep financial trouble. It has dozens of c…
Debtor Inc. is in deep financial trouble. It has dozens of creditors and it has stopped paying its monthly bills. Among its creditors are three suppliers, Supplier A, Supplier B, and Supplier C. Each is owed $2,000 in unsecured trade debt. Debtor Inc. also owes $12,000 to Electric Co. for past due electrical bills. Another creditor is Contractor Inc., which asserts a $12,000 unsecured breach of contract claim. Debtor Inc. disputes the Contractor Inc. claim and asserts, in good faith, that Contractor Inc. committed a material breach of the contract and is entitled to no payment whatsoever. Debtor Inc.’s only secured creditor is Finance Co. Finance Co. is owed $15,000 and holds a perfected security interest in Debtor Inc.’s delivery truck, which has a value of $6,000. Assume that the bankruptcy court will order relief against Debtor, Inc. if a proper involuntary petition is filed under §303 of the Bankruptcy Code. The petition will be successful if: