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IN RE MAPLE-WHITWORTH, INC.

BAP No. CC-06-2096-KNB, Bankruptcy No. LA 04-32868 AA.

375 B.R. 558 (2007)

In re MAPLE-WHITWORTH, INC., Alleged Debtor. Michael N. Sofris, APC, Appellant. v. Maple-Whitworth, Inc.; United States Trustee; Roxanne Kamel; Larry Weinstock; Emanuel Perez; Mica Bintu-Brown, Appellees.

United States Bankruptcy Appellate Panel of the Ninth Circuit.

Filed September 4, 2007.

Attorney(s) appearing for the Case

Michael N. Sofris, Beverly Hills, CA, Pro se Appellant.

Leo Fasen, Fasen & Associates, Beverly Hills, CA, for Maple-Whitworth, Inc.

Before KLEIN, NIELSEN and BRANDT, Bankruptcy Judges.

OPINION

KLEIN, Bankruptcy Judge.

The procedure to obtain attorney's fees and costs under 11 U.S.C. § 303(i) in a dismissed involuntary bankruptcy is in issue.

The question is whether one may seek such an award from fewer than all petitioners, the answer to which necessitates determining the nature of the liability. We conclude that § 303(i) liability is joint and several, that a debtor need not join all petitioners in a request for a &...

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