Prime Capital Ventures, In re
Jan
10
2025
Ruling
Abandonment of post-dismissal claims for fees, costs and damages against petitioning creditors in involuntary case lacked proper business judgment analysis. (Bankr. N.D.N.Y.)
Issue(s)
Involuntary Cases; Judgment upon Dismissal.
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Court
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Blixseth, In re--Montana Dep't of Revenue v. Blixseth
Aug
14
2024
Ruling
State properly invoked sovereign immunity for debtor's claim as the state's counsel could notand did not effect an "unequivocal" waiver through his statements to the court. (9th Cir.)
Issue(s)
Involuntary Cases; Judgment upon Dismissal.
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Judge or Jurisdiction information not available
- 11 U.S.C.
Stursberg v. Morrison Sund PLLC
Aug
13
2024
Ruling
Issue preclusion barred involuntary debtor’s claim for bad faith tort damages followingdismissal due to his failure to file an appeal of bankruptcy court’s denial of his motion forattorney’s fees. (8th Cir.)
Issue(s)
Involuntary Cases; Judgment upon Dismissal; Damages for Bad Faith.
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Judge or Jurisdiction information not available
- 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
:
Blixseth, In re
Oct
27
2023
Ruling
Proposed third-party plaintiffs were not entitled to mandatory intervention in post-dismissalproceeding in involuntary case. (Bankr. D. Nev.)
Issue(s)
Involuntary Cases; Judgment upon Dismissal.
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Blair House Assocs. L.P., In re
May
26
2023
Ruling
Trustee's motion to dismiss denied as contrary to the district court's instructions to reconsider award of fees and damages based upon evidence of prior trustee’s subjective intent. (Bankr. D. Me.)
Issue(s)
Involuntary Cases; Judgment upon Dismissal.
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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
:
Dynamic Indus. Saudi Arabia Ltd., In re
Apr
28
2023
Ruling
Bankruptcy court did not err in awarding attorneys' fees and costs to the debtor for services that resulted in the dismissal of involuntary Chapter 7 petition. (Bankr. E.D. La.)
Issue(s)
Involuntary Cases; Judgment upon Dismissal.
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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
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