tdbowieknife Wed

tdbowieknife Wednesday, 12/18/13 04:17:50 PM
Re: panther2 post# 71892



Post # of 71898
It was posted it was to late to collect attorneys fees .



This is false and was their attorneys argument.

5th circuit already ruled on no time limit on BK cases and the judge quickly struck that notion down. Denied by order of the court.

Then he cried about us having to go to state court and file first to receive damages...

Judge denied that claim as a nonsensical  argument based solely on Federal BK procedure which allows for damages assessment.

USC 303

(i) If the court dismisses a petition under this section other than on consent of all petitioners and the debtor, and if the debtor does not waive the right to judgment under this subsection, the court may grant judgment—
(1) against the petitioners and in favor of the debtor for—
(A) costs; or

(B) a reasonable attorney’s fee; or


(2) against any petitioner that filed the petition in bad faith, for—
(A) any damages proximately caused by such filing; or

(B) punitive damages.