United States Ninth Circuit

An award of attorney's fees and costs after an involuntary bankruptcy petition is affirmed in part where the district court did not abuse its discretion in awarding fees and costs against one petitioner even though it applied the wrong standard. The award is reversed in part and remanded where the district court failed to rule on whether the debtor waived its right to fees and costs.

Appellate Information

• Argued 12/09/2008
• Decided 02/10/2009
• Published 02/10/2009

Judges

• CONLON, District Judge:, Before:  JOHN T. NOONAN and BARRY G. SILVERMAN, Circuit Judges, and SUZANNE B. CONLON, District Judge.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Michael N. Sofris, Michael N. Sofris APC, Beverly Hills, CA, for appellant Michael N. Sofris, aka Sofris APC.


• For Appellees:
  
• Jerry Kaplan;  David Scott Kadin, Kaplan, Kenegos & Kadin, Beverly Hills, CA, for appellee Maple-Whitworth, Inc.