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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
Commercial opinion summary, case decided on February 10, 2009 , LexisNexis #0309-095
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Illinois Dept of Revenue v. Envirodyne Indus.

Oct
31
2006
Ruling
Bankruptcy court properly allowed debtor to offset prepetition income with postpetition losses for tax purposes.
Procedural posture

Plaintiff, the Illinois Department of Revenue, challenged an order of the bankruptcy court granting an objection by defendants, a taxpayer corporation and several of its subsidiaries, to the Department's proof of claim. The bankruptcy court found that the corporation could carry back its net operating losses from 1988 and 1989 to offset taxable income from prior tax years and held that no additional taxes were due.

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opinion summary, case decided on October 31, 2006 , LexisNexis #1206-083
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