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IN RE JOHN RICHARDS HOMES BLDG. CO., L.L.C.

No. 04-2154.

439 F.3d 248 (2006)

In re JOHN RICHARDS HOMES BUILDING CO., L.L.C., Debtor. Kevin Adell, Plaintiff-Appellant, v. John Richards Homes Building Co., L.L.C., Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: March 1, 2006.

Attorney(s) appearing for the Case

ARGUED: G. Eric Brunstad, Jr., Bingham McCutchen LLP, Hartford, Connecticut, for Appellant. Norman C. Ankers, Honigan, Miller, Schwartz & Cohn, Detroit, Michigan, for Appellee. ON BRIEF: G. Eric Brunstad, Jr., Bingham McCutchen LLP, Hartford, Connecticut, Ralph E. McDowell, Michael B. Lewiston, Robert J. Diehl, Jr., Bodman LLP, Detroit, Michigan, for Appellant. Norman C. Ankers, Judy B. Calton, Honigan, Miller, Schwartz & Cohn, Detroit, Michigan, Ruth Zimmerman, Honigman, Miller, Schwartz & Cohn, Lansing, Michigan, for Appellee.

Before: NELSON and CLAY, Circuit Judges; OBERDORFER, District Judge.

OPINION

OBERDORFER, District Judge.

After dismissing the involuntary bankruptcy petition filed by Kevin Adell against John Richards Homes Building Co., L.L.C. ("JRH"), the bankruptcy court found that the petition was filed in bad faith and awarded JRH costs, attorneys' fees, compensatory damages and punitive damages pursuant to 11 U.S.C. § 303(i) of the United States Bankruptcy Code. The district court affirmed that award. Adell now appeals that affirmance...

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