Liberty Tool, & Manufacturing v. Vortex Fishing Systems, Inc. (In re Vortex Fishing Systems, Inc.)

ORDER AND AMENDED OPINION

ORDER

The court’s mandate, issued on September 20, 2001, is recalled.

The Opinion cited at 262 F.3d 985 (9th Cir.2001), is amended as follows:

On page 996, delete the text from section III.B. and substitute the following in its place:

Pursuant to court order, on March 22, 1999, Vortex submitted a list of its creditors to the Bankruptcy Court. It was agreed that this list could not be released without a court order. Appellants never moved for the list to be released. Instead, they argue that the Bankruptcy Court was required to notify each of the creditors on the list of the pending involuntary petition. They base their claim on Federal Rule of Bankruptcy Procedure 1003(b), which reads:

fed. R. Bank P. 1003(b).

Rule 1003(b) implements a portion of the § 303(c) joinder provision. After an involuntary petition is filed but before the case is dismissed or relief is ordered, any other creditor with a noncontingent, unsecured claim may join in the petition “with the same effect as if such joining creditor were a petitioning creditor” in the original petition. 11 U.S.C. § 303 (c); In re Kidwell, 158 B.R. 203, 210-13 (Bankr.E.D.Cal.1993) (intervention is…