Legal Opinion
McMillan v. Maestri (In re McMillan)
United States Bankruptcy Court, N.D. Texas
Decided January 8, 2016No. CASE NO. 11-47029-MXM; ADVERSARY NO. 15-04066-MXMPublishedCited by 3 opinions
1Opinion of the Court
MEMORANDUM OPINION ON ORDER GRANTING MOTION TO DISMISS
Mark X. Mullin, United States Bankruptcy Judge
The Court dismissed an involuntary petition against Harry McMillan because the *809creditor who filed it was not a qualified petitioner. McMillan then sued Donal Schmidt and two other defendants under 11 U.S.C. § 303(i), which provides that after a contested dismissal of an involuntary petition, a bankruptcy court may grant judgment for fees and costs against “the petitioners,”1 and a judgment for actual and punitive damages against “any petitioner” that filed the petition in bad faith.2 Before the…
2Cases cited22 opinions
- Hishon v. King & SpaldingSupreme Court of the United States · 1984
- Baker v. PutnalCourt of Appeals for the Fifth Circuit · 1996
- Ronald Funk v. Stryker CorporationCourt of Appeals for the Fifth Circuit · 2011
- American Society of Mechanical Engineers, Inc. v. Hydrolevel Corp.Supreme Court of the United States · 1982
- Meyer v. HolleySupreme Court of the United States · 2003
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3Cited by3 opinions
- United States v. LouisianaDistrict Court, M.D. Louisiana · 2016
- R. Hassell Builders, Inc. v. Texan Floor Serv., Ltd.Court of Appeals of Texas · 2018
- Visium Technologies, Inc. v. Tarpon Bay Partners, LLCUnited States Bankruptcy Court, S.D. Florida. · 2022