Legal Opinion
In Re Skyworks Ventures, Inc.
United States Bankruptcy Court, D. New Jersey
Decided July 15, 2010No. 19-11756PublishedCited by 17 opinions
1Opinion of the Court
OPINION
RAYMOND T. LYONS, Bankruptcy Judge.
INTRODUCTION
The alleged debtor seeks attorney’s fees, costs, compensatory damages and punitive damages against the petitioning creditor under Section 303(i) of the Bankruptcy Code. 11 U.S.C. § 303(i). Following the majority rule that reasonable attorney’s fees and costs are awarded upon dismissal of an involuntary petition, the court will allow them under the circumstances of this case. Furthermore, the court finds that the petition was filed in bad faith in a two-party dispute as a litigation tactic to force a settlement. Although the alleged debtor…
2Cases cited15 opinions
- In the Matter of Jane Marlene Busick, Debtor-AppelleeCourt of Appeals for the Seventh Circuit · 1987
- In Re: Bdc 56 Llc, Debtor. Key Mechanical Inc. v. Bdc 56 Llc, Dwf Inc., Mesta Construction, Inc.Court of Appeals for the Second Circuit · 2003
- In Re LoughUnited States Bankruptcy Court, E.D. Michigan · 1986
- B.D.W. Associates, Inc., Debtor v. Busy Beaver Building Centers, Inc., Fagen's, Inc. And Jackel Development Co.Court of Appeals for the Third Circuit · 1989
- 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
10 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- In Re Forever Green Athletic Fields, Inc.Court of Appeals for the Third Circuit · 2015
- Crest One Spa v. TPG Troy, LLCCourt of Appeals for the Second Circuit · 2015
- Fustolo v. 50 Thomas Patton Drive, LLCCourt of Appeals for the First Circuit · 2016
- In re TPG Troy, LLCUnited States Bankruptcy Court, S.D. New York · 2013
- In Re Express Car & Truck Rental, Inc.United States Bankruptcy Court, E.D. Pennsylvania · 2010
12 more not listed; retrieve them via the Exa API.