From our private database of 35,600+ case briefs...
In re John Richards Homes Building Co.
United States Bankruptcy Court for the Eastern District of Michigan
291 B.R. 727 (2003)
John Richards Homes Building Co. (JRH) (plaintiff) was a builder of expensive homes. Adell (defendant) signed a contract with JRH to purchase land and a newly constructed home built by JRH for about $3,000,000. A dispute arose between Adell and JRH about the construction of the home. Adell sued JRH based on numerous claims, and JRH countersued. Adell subsequently filed an involuntary bankruptcy petition in bankruptcy court against JRH and claimed $800,000 for fraud and breach of contract. JRH filed a motion to dismiss Adell’s involuntary bankruptcy petition, claiming that a bona fide dispute existed, under which the involuntary bankruptcy petition could not be allowed to proceed. The court dismissed Adell’s involuntary bankruptcy petition, because Adell knew or should have known that the claim was the subject of a bona fide dispute. During the course of the involuntary bankruptcy proceedings, Adell withheld critical information about the dispute from his bankruptcy attorney. Adell hired a public-relations firm to publicize the bankruptcy proceedings in an effort to damage JRH’s business and threatened JRH with criminal prosecution. Adell also falsely told other JRH creditors that they would only receive compensation on their claims if they joined his involuntary bankruptcy petition. After Adell’s involuntary bankruptcy petition was dismissed, JRH requested compensatory and punitive damages from Adell, alleging that the involuntary petition had been filed in bad faith.
Rule of Law
Holding and Reasoning (Rhodes, J.)
What to do next…
Unlock this case brief with a free (no-commitment) trial membership of Quimbee.
You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 618,000 law students since 2011. Some law schools—such as Yale, Berkeley, and Northwestern—even subscribe directly to Quimbee for all their law students.Unlock this case briefRead our student testimonials
Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.
Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students.Learn about our approachRead more about Quimbee
Here's why 618,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 35,600 briefs, keyed to 984 casebooks. Top-notch customer support.
- The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
- Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
- Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.