Here you go.... (i) If the court dismisses a p
Post# of 39368
Posted On: 06/16/2013 8:50:55 PM
Here you go....
(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.
(j) Only after notice to all creditors and a hearing may the court dismiss a petition filed under this section—
(1) on the motion of a petitioner;
(2) on consent of all petitioners and the debtor; or
(3) for want of prosecution.
(k) [Repealed. Pub. L. 109–8]
(k)
(1) If—
(A) the petition under this section is false or contains any materially false, fictitious, or fraudulent statement;
(B) the debtor is an individual; and
(C) the court dismisses such petition,the court, upon the motion of the debtor, shall seal all the records of the court relating to such petition, and all references to such petition.
(2) If the debtor is an individual and the court dismisses a petition under this section, the court may enter an order prohibiting all consumer reporting agencies (as defined in section 603(f) of the Fair Credit Reporting Act (15 U.S.C. 1681a(f)) from making any consumer report (as defined in section 603(d) of that Act) that contains any information relating to such petition or to the case commenced by the filing of such petition.
(3) Upon the expiration of the statute of limitations described in section 3282 of title 18, for a violation of section 152 or 157 of such title, the court, upon the motion of the debtor and for good cause, may expunge any records relating to a petition filed under this section.
(*) As adjusted under section 104, effective April 1, 2007. Readjusted effective April 1, 2013.
REFERENCED FEDERAL RULE(S) / TITLE 28 SECTION(S):
Rule 1002. Commencement Case
Rule 1003. Involuntary Petition
Rule 1004. Involuntary Petition Against Partnership
(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.
(j) Only after notice to all creditors and a hearing may the court dismiss a petition filed under this section—
(1) on the motion of a petitioner;
(2) on consent of all petitioners and the debtor; or
(3) for want of prosecution.
(k) [Repealed. Pub. L. 109–8]
(k)
(1) If—
(A) the petition under this section is false or contains any materially false, fictitious, or fraudulent statement;
(B) the debtor is an individual; and
(C) the court dismisses such petition,the court, upon the motion of the debtor, shall seal all the records of the court relating to such petition, and all references to such petition.
(2) If the debtor is an individual and the court dismisses a petition under this section, the court may enter an order prohibiting all consumer reporting agencies (as defined in section 603(f) of the Fair Credit Reporting Act (15 U.S.C. 1681a(f)) from making any consumer report (as defined in section 603(d) of that Act) that contains any information relating to such petition or to the case commenced by the filing of such petition.
(3) Upon the expiration of the statute of limitations described in section 3282 of title 18, for a violation of section 152 or 157 of such title, the court, upon the motion of the debtor and for good cause, may expunge any records relating to a petition filed under this section.
(*) As adjusted under section 104, effective April 1, 2007. Readjusted effective April 1, 2013.
REFERENCED FEDERAL RULE(S) / TITLE 28 SECTION(S):
Rule 1002. Commencement Case
Rule 1003. Involuntary Petition
Rule 1004. Involuntary Petition Against Partnership
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