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Miller v. Adell (In re John Richards Homes Bldg. Co. LLC)

Miller v. Adell (In re John Richards Homes Bldg. Co. LLC)

Ruling
Bankruptcy court erred in denying award of debtor's attorneys' fees following dismissal of involuntary cases.
Procedural posture

Appellant law firm sought attorney fees and costs incurred after appellee's involuntary bankruptcy petition against appellant debtor was dismissed. The law firm and debtor appealed the Bankruptcy Court for the Eastern District of Michigan's order that denied the application for lack of authority. A magistrate recommended that the order be reversed and that appellee's motion for partial dismissal be denied. Appellee timely objected.

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Commercial opinion summary, case decided on March 30, 2009 , LexisNexis #0509-025