Legal Opinion

Wechsler v. MacKe International Trade, Inc. (In Re MacKe International Trade, Inc.)

United States Bankruptcy Appellate Panel for the Ninth Circuit

Decided June 8, 2007No. BAP Nos. CC-05-1437-PaMaB, CC-05-1441-PaMaB. Bankruptcy No. SV 05-14258-GMPublishedCited by 49 opinions

1Opinion of the Court

*241 OPINION

PAPPAS, Bankruptcy Judge.

INTRODUCTION

Venturing into an area of unsettled law, we hold that a bankruptcy court may, under appropriate circumstances, order a petitioning creditor to pay an alleged debt- or’s attorney’s fees and costs when, upon finding that the interests of creditors and debtor would be better served, it dismisses an involuntary petition pursuant to § 305(a).2 We reject the petitioning creditor’s appeal of such an award and also conclude that the bankruptcy court did not err in denying the creditor’s request to offset the award against amounts due to the creditor under…

2Cases cited49 opinions

  1. Chambers v. Nasco, Inc.Supreme Court of the United States · 1991
  2. United States v. Ron Pair Enterprises, Inc.Supreme Court of the United States · 1989
  3. Alyeska Pipeline Service Co. v. Wilderness SocietySupreme Court of the United States · 1975
  4. Robinson v. Shell Oil Co.Supreme Court of the United States · 1997
  5. Caminetti v. United StatesSupreme Court of the United States · 1917

44 more not listed; retrieve them via the Exa API.

3Cited by49 opinions

  1. 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
  2. Marciano v. Fahs (In Re Marciano)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2011
  3. Wilk Auslander LLP v. Murray (In Re Murray)Court of Appeals for the Second Circuit · 2018
  4. Crest One Spa v. TPG Troy, LLCCourt of Appeals for the Second Circuit · 2015
  5. Hopkins v. Cerchione (In Re Cerchione)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2009

44 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API