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Involuntary Cases (Judge Gargotta)

In re Rambo Imaging, L.L.P. (Nov. 8, 2007)
Issue: Should an involuntary petition be dismissed based on Rule 12(b)(1) or 12(b)(6)? Also, should the Court look beyond the pleadings?
Holding: The Court finds that the requirements of ยง 303(b) are not jurisdictional, and the Court has jurisdiction in this case. Therefore, the Court will treat the Motion to Dismiss under Rule 12(b0(6) for failure to state a claim for relief. The Court notes that the one of the purposes of Rule 12(b) is to quickly dispose of meritless litigation. The Court finds this is not the case in this Motion, and there should instead be a prompt trial on the merits.