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§ 303(i)

Visium Techs., Inc., In re--Visium Techs., Inc. v. Tarpon Bay Partners, LLC

Ruling
Court held that only the "entities" that filed the involuntary petition are "petitioners" that maybe liable for fees, costs, and damages. (Bankr. S.D. Fla.)
Issue(s)
Involuntary Cases; Judgment upon Dismissal.

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Commercial opinion summary, case decided on January 24, 2022 , LexisNexis #0322-053

Cadena, In re

Ruling
Debtor was awarded attorney's fees, costs, and damages as reasonable considering the scope oflitigation and the degree of skill that was required under the circumstances. (Bankr. C.D. Cal.)
Issue(s)
Involuntary Cases; Judgment upon Dismissal.

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Consumer opinion summary, case decided on January 06, 2022 , LexisNexis #0222-078

Navient Sols., LLC, In re

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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Commercial opinion summary, case decided on May 11, 2021 , LexisNexis #0621-077

Service, In re

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
Consumer opinion summary, case decided on April 07, 2021 , LexisNexis #0521-076

Gurley Hous. Assocs., L.P., In re

Ruling
Court declined to reduce attorney's fees under 11 U.S.C. § 303(i) billed to an individualrather than the debtor as legal work performed clearly flowed from the involuntary petition.(Bankr. N.D.N.Y.)
Issue(s)
Involuntary Cases; Judgment upon Dismissal.

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Commercial opinion summary, case decided on January 12, 2021 , LexisNexis #0221-052

HL Builders, LLC, In re

Ruling
Attorney's fees awarded against petitioning creditors in dismissed involuntary Chapter 11case. (Bankr. S.D. Tex.)
Issue(s)
Involuntary Cases; Judgment upon Dismissal.

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Commercial opinion summary, case decided on October 30, 2020 , LexisNexis #1220-051

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

Best Home Performance of CT, LLC, In re

Ruling
Punitive damages were awarded against petitioning creditor whose conduct demonstratedrecklessness, irrationality, ill will and malice. (Bankr. D. Conn.)
Issue(s)
Involuntary Cases; Judgment upon Dismissal.

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Commercial opinion summary, case decided on December 02, 2019 , LexisNexis #0120-028

Reyes-Colón v. Banco Popular de P.R.

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
Consumer opinion summary, case decided on June 19, 2019 , LexisNexis #1024-001

8speed8, Inc., In re

Ruling
Shareholder of an involuntary debtor could not seek damages following dismissal. (9th Cir.)
Issue(s)
Involuntary Cases; Judgment upon Dismissal.

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Judge or Jurisdiction information not available
Consumer opinion summary, case decided on April 29, 2019 , LexisNexis #0619-081