Havens

Havens v. Leong P'ship

Good Law
586 B.R. 760
United States District Court, Northern District of CaliforniaMarch 9, 2018Case No. 17–cv–02882–WHOCalifornia4,463 words

Opinion

Lead Opinion

Orrick, J.

Appellant Warren Havens ("Havens") filed an involuntary bankruptcy petition against the Leong Partnership on August 24, 2016. Appellee Dr. Arnold Leong ("Leong") moved to dismiss that petition and eventually secured summary judgment arguing, in part, that the "Leong Partnership" is a non-existent entity. The Bankruptcy Court granted Leong's motion for attorneys' fees and costs under 11 U.S.C. § 303 (i). Havens appeals the order granting fees and costs, asserting that the Bankruptcy Court erred in granting the award because § 303(i) only allows fees and costs to be granted to a "debtor" and Leong was not the named debtor, and arguing in any event that the amount of fees and costs awarded was unreasonable. I conclude that the Bankruptcy Court was within its powers to determine that Leong was the debtor for purposes of the petition *762 and that, in light of the 20% reduction in fees imposed on two of Leong's three law firms, the amount of attorney's fees awarded was not an abuse of discretion. The Bankruptcy Court's Order Granting Fees and Costs Under Bankruptcy Code § 303(i) is AFFIRMED.

BACKGROUND

In 1998, Havens and Leong began a business relationship involving purchase of…

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