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  5. 370 B.R. 236 (2007)
 

IN RE MACKE INTERN. TRADE, INC.

BAP Nos. CC-05-1437-PaMaB, CC-05-1441-PaMaB. Bankruptcy No. SV 05-14258-GM.

370 B.R. 236 (2007)

In re MACKE INTERNATIONAL TRADE, INC., Debtor. Lawrence I. Wechsler, Appellant/Cross-Appellee, v. Macke International Trade, Inc., Appellee/Cross-Appellant.

United States Bankruptcy Appellate Panel of the Ninth Circuit.

Filed June 8, 2007.

Attorney(s) appearing for the Case

Alex Zarcone, Oliva & Associates, San Diego, CA, for Lawrence I. Wechsler.

Mark R. Campbell, Mark Campbell Law, Anaheim, CA, for Macke International Trade, Inc.

Before: PAPPAS, MARLAR and BRANDT, Bankruptcy Judges.

OPINION

PAPPAS, Bankruptcy Judge.

INTRODUCTION

Venturing into an area of unsettled law, we hold that a bankruptcy court may, under appropriate circumstances, order a petitioning creditor to pay an alleged debtor's attorney's fees and costs when, upon finding that the interests of creditors and debtor would be better served, it dismisses an involuntary petition pursuant to § 305...

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