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§ 303(i)(2)

Stursberg v. Morrison Sund PLLC

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
Consumer opinion summary, case decided on August 13, 2024 , LexisNexis #1024-052

CNG Foods LLC, In re

Ruling
Debtor was entitled to attorneys' fees and costs as the involuntary bankruptcy case was filed in bad faith. (Bankr. E.D.N.Y.)
Issue(s)
Involuntary Cases; Judgment upon Dismissal; Damages for Bad Faith.

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Court :
Commercial opinion summary, case decided on July 13, 2020 , LexisNexis #0820-051

Treaty Energy Corp. v. Hallin (In re Treaty Energy Corp.)

Ruling
Involuntary debtor not entitled to recover losses to stock sales during pendency of dismissed case absent proof that price of shares declined.
Issue(s)
Was involuntary debtor's claim for alleged losses resulting from petitioning creditors' filing of the involuntary bankruptcy petition properly denied?

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Court :
Judge or Jurisdiction information not available
Commercial opinion summary, case decided on October 27, 2015 , LexisNexis #1115-108

In re RMAA Real Estate Holdings LLC

Ruling
Bank did not have standing to bring motion against petitioners and counsel for filing involuntary petition for improper purpose.
Procedural posture

In an involuntary Chapter 11 case, a bank filed a motion for sanctions against three petitioners and their counsel under Fed. R. Bankr. P. 9011 and 11 U.S.C.S. § 303(i)(2).

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Commercial opinion summary, case decided on December 10, 2010 , LexisNexis #0111-072