CLICK HERE FOR FULL TEXT
In re: VINCENT ZENGA; ROBIN ZENGA,
Debtors.
   Nos. 16-8022/8023
Appeal from the United States Bankruptcy Court
for the Middle District of Tennessee at Nashville.
Nos. 16-01661, 16-01662, Keith M. Lundin, Judge.
Argued: November 9, 2016
Decided and Filed: January 17, 2017
Before: HUMPHREY, OPPERMAN, and PRESTON, Bankruptcy Appellate Panel Judges.


_________________________
OPINION
_________________________

GUY R. HUMPHREY, Bankruptcy Appellate Panel Judge. Creditor Ivan Qi (“Qi”) filed involuntary petitions against husband and wife, Vincent and Robin Zenga (the “Zengas”).The Zengas filed a motion to dismiss the involuntary petition in each of their respective cases, arguing that 11 U.S.C. § 303(b)(1) required a minimum of three petitioning creditors to institute an involuntary bankruptcy against them because they each had 12 or more creditors. At the hearing on the motions, Qi argued that the Zengas were estopped from asserting that they had more than 11 creditors because in response to a post-judgment interrogatory asking them to identify their other creditors, they listed ten creditors. The bankruptcy court agreed with Qi, denied the Zengas’ motions to dismiss the petitions, and entered orders for relief against them. The Zengas obtained stays of the orders for relief pending disposition of these appeals. For the reasons that follow, the Panel REVERSES the bankruptcy court’s decision and vacates the orders for relief and REMANDS the cases for further proceedings consistent with this opinion