- 11 U.S.C.
Blair House Assocs., In re
Jan
29
2024
Ruling
No adjustment to the amount of fees awarded was warranted as the trustee had not introducedany new evidence undermining the bad faith finding or showing that the deceased trustee'sconduct was more egregious than previously thought. (Bankr. D. Me.)
Issue(s)
Involuntary Cases; Judgment upon Dismissal; Award of Costs and Fees.
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Court
:
- 11 U.S.C.
Real Est. Partners, LLC v. Summit Healthcare REIT, Inc. (In re Healthcare Real Est. Partners, LLC, hcare--Heal
May
12
2023
Ruling
Debtor's aggregate recovery was limited to $75,000 as any fees in excess of that amount were attributable to debtor's unreasonable failure to respond timely to the involuntary petition. (Bankr. D. Del.)
Issue(s)
Involuntary Cases; Judgment upon Dismissal; Award of Costs and Fees.
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Court
:
- 11 U.S.C.
Nat'l Med. Imaging, LLC, In re--Nat'l Med. Imaging, LLC v. U.S. Bank, N.A.
Feb
27
2023
Ruling
Plaintiffs were entitled to recover from petitioning creditors attorney's fees and costs incurred in obtaining dismissal of involuntary cases. (Bankr. E.D. Pa.)
Issue(s)
Involuntary Cases; Judgment upon Dismissal; Award of Costs and Fees.
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Court
:
- 11 U.S.C.
Blair House Assocs. Ltd. P'ship, In re
Feb
18
2022
Ruling
Trustee was liable to debtor for attorney's fees as it was not reasonable for the trustee tobelieve that the amounts the trust claimed that the debtor owed to it were not contingent orsubject to a bona fide dispute. (Bankr. D. Me.)
Issue(s)
Involuntary Cases; Judgment upon Dismissal; Award of Costs and Fees; Reasonable
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Court
:
- 11 U.S.C.
Navient Sols., LLC, In re
May
11
2021
Ruling
Involuntary debtor was entitled to reasonable attorneys' fees following dismissal. (Bankr.S.D.N.Y.)
Issue(s)
Involuntary Cases; Judgment upon Dismissal; Award of Costs and Fees.
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:
- 11 U.S.C.
Service, In re
Apr
07
2021
Ruling
Petitioning creditors ordered to pay debtor’s attorneys' fees related to an involuntary petitionthat was without basis and caused real harm to debtor. (Bankr. D.V.I.)
Issue(s)
Involuntary Cases; Judgment upon Dismissal; Award of Costs and Fees.
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:
Judge or Jurisdiction information not available
- 11 U.S.C.
Reyes-Colón v. Banco Popular de P.R.
Jun
19
2019
Ruling
Denial of motion for attorney's fees in involuntary case as untimely was proper. (1st Cir.)
Issue(s)
Involuntary Cases; Judgment upon Dismissal; Award of Costs and Fees.
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Judge or Jurisdiction information not available
- 11 U.S.C.
Anmuth Holdings LLC, In re
Mar
27
2019
Ruling
Involuntary debtors awarded attorneys fees upon granting of motion to dismiss due topetitioning creditors’ bad faith. (Bankr. E.D.N.Y.)
Issue(s)
Involuntary Cases; Judgment upon Dismissal; Award of Costs and Fees.
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Court
:
- 11 U.S.C.
Rosenberg v. DVI Receivables XIV LLC (In re Rosenberg)
Sep
11
2012
Ruling
Involuntary debtor allowed fees and costs for defending appeal of dismissal and for adversary proceeding against petitioning creditors.
Procedural posture
Plaintiff alleged debtor filed a complaint against defendants, petitioning creditors and their loan servicer, seeking an award of attorneys' fees and costs under 11 U.S.C.S. § 303(i)(1). In a previous order, the court dismissed the alleged debtor's claims against additional parties. Reference was withdrawn with respect to the alleged debtor's claim under § 303(i)(2), as the petitioning creditors were entitled to a jury trial on that issue.
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:
- 11 U.S.C.
Sofris v. Maple-Whitworth Inc. (In re Maple-Whitworth Inc.)
Feb
10
2009
Ruling
Award of attorneys' fees to involuntary debtor in dismissed case could be assessed against fewer than all petitioning creditors.
Procedural posture
After dismissing an involuntary bankruptcy petition, the bankruptcy court awarded the purported debtor $ 42,257 in attorneys' fees and costs pursuant to 11 U.S.C.S. § 303(i)(1). The bankruptcy court failed to rule on a challenge to the award based on a waiver theory. A divided Ninth Circuit Bankruptcy Appellate Panel (BAP) affirmed the award to fewer than all petitioners. Appellant petitioner appealed.
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Court
:
Judge or Jurisdiction information not available