250 F. App'x 294

In re: E.S. PROFESSIONAL SERVICES, INC., Debtor. *295DHL Aero Expresso, S.A., Plaintiff-Appellant, v. E.S. Professional Services, Inc., Defendant-Appellee.

No. 06-15152.

United States Court of Appeals, Eleventh Circuit.

Oct. 10, 2007.

Robert Joseph Edwards, Brian Scott Behar, Behar Gutt & Glazer, P.A., Miami, FL, for Plaintiff-Appellant.

Alan S. Feldman, Lydecker & Wads-worth, L.L.C., Miami, FL, for Defendant-Appellee.

Before ANDERSON and PRYOR, Circuit Judges, and ALBRITTON,* District Judge.

PER CURIAM:

After oral argument and careful consideration, we conclude that the judgment of the district court is due to be affirmed. We conclude that the bankruptcy court did not abuse its discretion in denying the continuance. We discern no error in the conclusion of the courts below that DHL failed to prove that the debtor had fewer than 12 creditors. See 11 U.S.C. § 303(b) (although a single qualified creditor may file an involuntary bankruptcy petition if there are fewer than 12 creditors, the statute requires three or more qualified creditors to file an involuntary bankruptcy petition if there are 12 or more such creditors).1 We decline to address DHL’s argument concerning payments to creditors post-petition, because it was not raised in the bankruptcy court.

AFFIRMED.

DHL Aero Expresso, S.A. v. E.S. Professional Services, Inc. (In re E.S. Professional Services, Inc.)
250 F. App'x 294

Case Details

Name
DHL Aero Expresso, S.A. v. E.S. Professional Services, Inc. (In re E.S. Professional Services, Inc.)
Decision Date
Oct 10, 2007
Citations

250 F. App'x 294

Jurisdiction
United States

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