Legal Opinion
Sofris v. Maple-Whitworth, Inc. (In Re Maple-Whitworth, Inc.)
Court of Appeals for the Ninth Circuit
Decided February 10, 2009No. 07-56537PublishedCited by 21 opinions
1Opinion of the Court
CONLON, District Judge:
This appeal involves an award of $42,257 in attorneys’ fees and costs pursuant to 11 U.S.C. § 303®(1), after dismissal of an involuntary bankruptcy petition. The purported debtor, Maple-Whitworth, Inc., sought fees and costs against only one petitioner, appellant Michael N. Sofris. But the bankruptcy court entered the award against some of the other petitioners who were served with the motion, under a theory of joint and several liability. The bankruptcy court failed to rule on a challenge to the award based on a waiver theory. A divided Bankruptcy Appellate Panel (BAP)…
2Cases cited4 opinions
- In Re Ann Marie Summers, Debtor. Richard J. Hanf, Chapter 7 Trustee v. Eugene Summers, and David Burchard, Chapter 13 Trustee for the Estate of Eugene Summers Ann Marie Summers Charles E. Sims, Chapter 7 Trustee for the Estate of Aurora SummersCourt of Appeals for the Ninth Circuit · 2003
- Higgins v. Vortex Fishing Systems, Inc.Court of Appeals for the Ninth Circuit · 2004
- In Re: Floyd W. Beam Elaine M. Beam, Debtors. Floyd W. Beam Elaine M. Beam v. Internal Revenue ServiceCourt of Appeals for the Ninth Circuit · 1999
- Michael N. Sofris, APC v. Maple-Whitworth, Inc. (In Re Maple-Whitworth, Inc.)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2007
3Cited by21 opinions
- Orange Blossom Ltd. Partnership v. Southern California Sunbelt Developers, Inc. (In Re Southern California Sunbelt Developers, Inc.)Court of Appeals for the Ninth Circuit · 2010
- In re Anmuth Holdings LLCUnited States Bankruptcy Court, E.D. New York · 2019
- National Medical Imaging, LLC v. U.S. Bank, N.A. (In re National Medical Imaging, LLC)United States Bankruptcy Court, E.D. Pennsylvania · 2017
- In re Clean Fuel Technologies II, LLCUnited States Bankruptcy Court, W.D. Texas · 2016
- Adell v. John Richards Homes Building Co. (In re John Richards Homes Building Co.)District Court, E.D. Michigan · 2012
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