§ 303(i)

8speed8, Inc., In re

Ruling: 
Shareholder of an involuntary debtor could not seek damages following dismissal. (9th Cir.)
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Court: Judge or Jurisdiction information not available
Consumer case opionion summary, case decided on April 29,2019, LexisNexis #0619-081

Anmuth Holdings LLC, In re

Ruling: 
Involuntary debtors awarded attorneys fees upon granting of motion to dismiss due topetitioning creditors’ bad faith. (Bankr. E.D.N.Y.)
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Commercial case opionion summary, case decided on March 27,2019, LexisNexis #0619-003

In re Clean Fuel Techs. II LLC

Ruling: 
Award of attorney's fees upon dismissal of involuntary petition denied where petitioning creditors had valid reasons for bringing the case.
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Commercial case opionion summary, case decided on February 04,2016, LexisNexis #0316-072

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.
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Commercial case opionion summary, case decided on October 27,2015, LexisNexis #1115-108

In re Beltway Law Grp. LLP

Ruling: 
Debtor awarded fees against the petitioning creditor in dismissed involuntary case.
Court: Judge or Jurisdiction information not available
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Commercial case opionion summary, case decided on August 10,2015, LexisNexis #0815-036

Crest One SpA v. TPG Troy LLC (In re TPG Troy LLC)

Ruling: 
Attorneys' fees properly awarded in involuntary case that was dismissed due to existence of a bona fide dispute.
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Commercial case opionion summary, case decided on July 14,2015, LexisNexis #0815-001

DVI Receivables XIV LLC v. Rosenberg (In re Rosenberg)

Ruling: 
Bankruptcy court did not err in awarding debtor attorneys' fees for successful appellate defense of dismissal of involuntary case.
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Consumer case opionion summary, case decided on February 27,2015, LexisNexis #0315-106

In re Forever Green Ath. Fields Inc.

Ruling: 
Involuntary petition dismissed as filed in bad faith.
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Commercial case opionion summary, case decided on November 01,2013, LexisNexis #1213-003

Rosenberg v. DVI Receivables XIV LLC (In re Rosenberg)

Plaintiff alleged debtor filed a complaint against defendants, petitioning creditors and their loan servicer, seeking an award of attorneys' fees and costs under 11 U.S.C.S. § 303(i)(1). In a previous order, the court dismissed the alleged debtor's claims against additional parties. Reference was withdrawn with respect to the alleged debtor's claim under § 303(i)(2), as the petitioning creditors were entitled to a jury trial on that issue.
Ruling: 
Involuntary debtor allowed fees and costs for defending appeal of dismissal and for adversary proceeding against petitioning creditors.
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Consumer case opionion summary, case decided on September 11,2012, LexisNexis #1012-037

In re VitaminSpice

Petitioning creditors filed an involuntary petition against a Wyoming corporation ("debtor") under chapter 11 of the Bankruptcy Code, and asked the court to appoint a trustee to administer the debtor's bankruptcy estate. The debtor filed a motion to dismiss the case and asked the court for an award of attorney's fees and costs pursuant to 11 U.S.C.S. § 303(i)(1) and (2). The court held a hearing on the debtor's motion.
Ruling: 
Involuntary case dismissed due to failure to establish debtor was not paying debts as they came due.
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Commercial case opionion summary, case decided on April 19,2012, LexisNexis #0512-037

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