Does a debtor have to waive his right to plead that he and his wife have "too few creditors"?

federal, United States of America

The following excerpt is from Hujazi v. Recoverex Corp. (In re Hujazi), BAP No. NC-16-1018-FBJu (B.A.P. 9th Cir. 2017):

not subject to a bona fide dispute. She is bound by this waiver and judicial admission. See Mason v. Integrity Ins. Co. (In re Mason), 709 F.2d 1313, 1318-19 (9th Cir. 1983) ("[the alleged debtor] waived his right to present this defense [of too few creditors] by failing to raise it in an answer to the petition. The lack of the requisite number of petitioning creditors did not deprive the bankruptcy court of jurisdiction to enter a valid order for relief"). This means that only one petitioning creditor was required.

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