Global Insolvency | Daily News Headlines on Insolvency Developments across the Globe

Improper involuntary bankruptcy petition gives rise to award of counsel fees

2010-06-16

In Orange Blossom Limited Partnership v. Southern California Sunbelt Developers Inc.

Filed under:

USA, Insolvency & Restructuring, Litigation, Hinshaw & Culbertson LLP, Punitive damages, Bankruptcy, Costs in English law, Debtor, Good faith, Involuntary dismissal, Attorney's fee, US Code, Ninth Circuit, United States bankruptcy court

Authors:

David J. McMahon

Location:

Firm:

Hinshaw & Culbertson LLP

Attorney fee award to debtor is affirmed where creditor's "reasonable reliance" claims have no merit

2013-02-01

In Heritage Pacific Financial LLC v. Machuca, 2012 DJDAR 16803 (2012), the US Bankruptcy Appellate Panel for the Ninth Circuit decided an interesting attorney fee case arising in the commercial litigation context. The fee award was given to the debtor arising from adversary proceedings initiated by a creditor, a commercial bank.

Filed under:

USA, Banking, Insolvency & Restructuring, Litigation, Hinshaw & Culbertson LLP, Debtor, Bankruptcy Appellate Panel

Authors:

David J. McMahon

Location:

Firm:

Hinshaw & Culbertson LLP

Attorney fees incurred to defend the bankruptcy court's stay violation order are subject to recovery

2012-07-23

In Schwartz-Tallard v. America's Servincing Co.

Filed under:

USA, Insolvency & Restructuring, Litigation, Hinshaw & Culbertson LLP, Bankruptcy, Debtor, Ninth Circuit, Bankruptcy Appellate Panel

Authors:

David J. McMahon

Location:

Firm:

Hinshaw & Culbertson LLP

Counsel's mistaken decision constituted good cause to extend the deadline for filing of a fee petition

2012-02-28

In Lewow v. Surfside III Condominium Owners’ Assn.

Filed under:

USA, California, Insolvency & Restructuring, Litigation, Hinshaw & Culbertson LLP, Bankruptcy, Attorney's fee, California courts of appeal

Authors:

David J. McMahon

Location:

Firm:

Hinshaw & Culbertson LLP

Fee award rendered against prisoner for maintaining frivolous litigation is not subject to discharge under the Federal Bankruptcy Code

2012-02-09

Filed under:

USA, Insolvency & Restructuring, Litigation, Hinshaw & Culbertson LLP, Frivolous litigation, Attorney's fee, Bankruptcy discharge, United States bankruptcy court, Bankruptcy Appellate Panel

Authors:

David J. McMahon

Location:

Firm:

Hinshaw & Culbertson LLP