Bankruptcy court erred in denying award of debtor's attorneys' fees following dismissal of involuntary cases.
Procedural posture
Appellant law firm sought attorney fees and costs incurred after appellee's involuntary bankruptcy petition against appellant debtor was dismissed. The law firm and debtor appealed the Bankruptcy Court for the Eastern District of Michigan's order that denied the application for lack of authority. A magistrate recommended that the order be reversed and that appellee's motion for partial dismissal be denied. Appellee timely objected.
ABI Membership is required to access the full summary of
Miller v. Adell (In re John Richards Homes Bldg. Co. LLC)
Please
sign in
if you are already an ABI member, or otherwise you may
Become an ABI Member
Appeal of denial of additional damages for debtor's filing involuntary petition against creditor in bad faith was not barred by res judicata after similar proceeding in another district court was dismissed.
Procedural posture
Appellee, a judgment debtor, moved for partial dismissal of appellant judgment creditor's challenge to an order of the United States Bankruptcy Court for the Eastern District of Michigan that denied the creditor's request for additional punitive damages based on the judgment debtor's post-award conduct. The judgment debtor argued that res judicata or collateral estoppel in a Florida case between the parties precluded the appeal.
ABI Membership is required to access the full summary of
John Richards Homes Bldg. Co. LLC v. Adell (In re John Richards Homes Bldg. Co. LLC)
Please
sign in
if you are already an ABI member, or otherwise you may
Become an ABI Member
Involuntary petition dismissed as filed in bad faith against shell corporation with no assets.
Procedural posture
Creditor filed an involuntary bankruptcy case against a debtor holding company. The debtor moved to dismiss the involuntary chapter 7 petition as filed in bad faith and for costs, attorneys' fees, damages, and punitive damages.
ABI Membership is required to access the full summary of
In re Bicoastal Holding Co.
Please
sign in
if you are already an ABI member, or otherwise you may
Become an ABI Member
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.
ABI Membership is required to access the full summary of
Sofris v. Maple-Whitworth Inc. (In re Maple-Whitworth Inc.)
Please
sign in
if you are already an ABI member, or otherwise you may
Become an ABI Member
Court
:
Judge or Jurisdiction information not available
Commercial opinion summary, case decided on
February 10, 2009
, LexisNexis #0309-095
Debtor not entitled to attorneys' fees and costs in involuntary case that was dismissed pursuant to agreement.
Procedural posture
Respondent debtor filed an application for attorney's fees and costs under 11 U.S.C.S. § 303(i) that it incurred while defending petitioner creditor's involuntary bankruptcy petition.
ABI Membership is required to access the full summary of
In re Analytica Wire Inc.
Please
sign in
if you are already an ABI member, or otherwise you may
Become an ABI Member
Attorneys'fees awarded to debtor in involuntary case where petitioner was not holder of an undisputed unsecured claim.
Procedural posture
The debtor, by and through its remaining director, moved for judgment, pursuant to 11 U.S.C. § 303(i), against the petitioner who filed the involuntary petition, for attorney's fees, costs, and actual and punitive damages. The petitioner and the director were both shareholders of the debtor, and were embroiled in litigation and an arbitration proceeding prior to the filing of the involuntary petition.
ABI Membership is required to access the full summary of
In re Synergistic Techs. Inc.
Please
sign in
if you are already an ABI member, or otherwise you may
Become an ABI Member
Standing to seek to recover attorneys'fees is limited to debtors
Procedural posture
Petitioner filed an involuntary petition against debtor. Debtor owned an interest in certain real property which had been in foreclosure proceedings. The involuntary case triggered the automatic stay, frustrating the foreclosure process. Creditors, a mortgage holder and the buyer of the foreclosed property, argued the involuntary petition was filed in bad faith. The court agreed and dismissed the petition. Creditors sought attorneys'fees.
ABI Membership is required to access the full summary of
In re VII Holdings Co.
Please
sign in
if you are already an ABI member, or otherwise you may
Become an ABI Member
Judgment that a creditor had filed an involuntary petition in bad faith and an award of damages for costs, attorneys'fees, compensatory damages, and punitive damages was affirmed.
Procedural posture
Plaintiff petitioning creditor sought review of a judgment of the District Court for the Eastern District of Michigan that upheld a judgment of a bankruptcy court that the creditor had filed an involuntary petition in bad faith and awarded damages defendant alleged of debtor costs, attorneys'fees, compensatory damages, and punitive damages pursuant to 11 U.S.C. § 303(i).
ABI Membership is required to access the full summary of
In re John Richards Homes Bldg. Co.. L.L.C.
Please
sign in
if you are already an ABI member, or otherwise you may
Become an ABI Member
Court
:
Judge or Jurisdiction information not available
opinion summary, case decided on
March 01, 2006
, LexisNexis #0306-078