In re: Immudyne Inc ( 1999 )

UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
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No. 99-20213
Summary Calender
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In The Matter of: IMMUDYNE, INC.,
Debtor
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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)
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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opinion should not be published and is not precedent except under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.