In re: Immudyne Inc

• Court: Court of Appeals for the Fifth Circuit
• Decided: September 22, 1999
• Docket: 99-20213
• Status: Unpublished

Opinion

UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

___________________________

No. 99-20213 Summary Calender ___________________________

In The Matter of: IMMUDYNE, INC., Debtor _________________________________

BYRON DONZIS; MARTHA GIBSON DONZIS; CARMEL RESEARCH INC.,

Appellants-Cross-Appellees,

VERSUS

IMMUDYNE INC.,

Appellee-Cross-Appellant.

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Appeals from the United States District Court for the Southern District of Texas (H-98-CV-2659) ___________________________________________________

September 20, 1999

Before DAVIS, EMILIO M. GARZA, and DENNIS Circuit Judges.

PER CURIAM:*

The only issue presented in this appeal is whether the

bankruptcy court clearly erred in finding that the petitioning

creditors failed to establish that the debtor was not paying its

debts when they became due. 11 U.S.C. § 303(h)(1). We review

these findings of fact for clear error. In re Concrete Pumping

Service, Inc., 943 F.2d 627, 630 (6th Cir. 1991). After

* Pursuant to 5th Cir. R. 47.5, the Court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4. reviewing the record we conclude that the bankruptcy court's

findings are adequately supported by the record and the

bankruptcy court correctly dismissed the involuntary petition.

The record supports the bankruptcy court's finding that, with one

exception, the debtor's debts are the subject of a bona fide-

dispute, are deferred by agreement, or the debtor satisfactorily

explained non-payment. The judgment of the district court is

therefore affirmed.

AFFIRMED.