Michael N. Sofris, APC v. Maple-Whitworth, Inc. (In Re Maple-Whitworth, Inc.)
United States Bankruptcy Appellate Panel for the Ninth Circuit
1Opinion of the Court
OPINION
KLEIN, Bankruptcy Judge.
The procedure to obtain attorney’s fees and costs under 11 U.S.C. § 303(i) in a dismissed involuntary bankruptcy is in issue.
The question is whether one may seek such an award from fewer than all petitioners, the answer to which necessitates determining the nature of the liability. We conclude that § 303(i) liability is joint and several, that a debtor need not join all petitioners in a request for a § 303(i) award, and that, unless the court makes a specific apportionment, a petitioner is entitled seek contribution from other jointly and severally liable…
2Cases cited23 opinions
- United Sav. Assn. of Tex. v. Timbers of Inwood Forest Associates, Ltd.Supreme Court of the United States · 1988
- Texas Industries, Inc. v. Radcliff Materials, Inc.Supreme Court of the United States · 1981
- United States v. Reliable Transfer Co.Supreme Court of the United States · 1975
- King v. St. Vincent's HospitalSupreme Court of the United States · 1991
- United States v. Atlantic Research Corp.Supreme Court of the United States · 2007
18 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Amphibious Partners, LLC v. RedmanCourt of Appeals for the Tenth Circuit · 2008
- Sofris v. Maple-Whitworth, Inc. (In Re Maple-Whitworth, Inc.)Court of Appeals for the Ninth Circuit · 2009
- Sofris v. Maple-Whitworth, Inc.Court of Appeals for the Ninth Circuit · 2009
- Flores v. Flores AnguianoDistrict Court, D. Idaho · 2023
- Michael N. Sofris, APC v. Maple-Whitworth, Inc. (In Re Maple-Whitworth, Inc.)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2007
1 more not listed; retrieve them via the Exa API.