In re Clignett

MEMORANDUM DECISION AND ORDER GRANTING DEBTOR’S MOTION TO DISMISS INVOLUNTARY BANKRUPTCY PETITION AN RETAINING JURISDICTION UNDER 11 U.S.C. § 303 (1)

BACKGROUND

On October 3, 2016, a Chapter 7 involuntary petition was filed against Roderick *585 Clignett (“Debtor”) by Victor Salinas (“Salinas”). On October 13, 2016, summons service was executed. On November 2, 2016, Debtor filed a motion to (1) dismiss involuntary bankruptcy petition under FRCP 12: or in the alternative (2) set bond. On November 23, 2016, Salinas filed his opposition. On November 28, 2016, Salinas filed an addendum to the petition. On November 30, 2016, Debtor filed his reply. On December 7, 2016, the Court held a hearing and indicated that it was inclined to dismiss the petition. The Court continued the hearing, however, to allow for supplemental briefing on the topic of fees and costs pursuant to 11 U.S.C. § 303 (i). On December 28, 2016, Debtor filed a brief in support of an order pursuant to 11 U.S.C. § 303 (i) for damages, punitive damages, costs and attorneys fees. On January 11, 2017, Salinas filed an opposition to Debt- or’s brief and to the original motion. On January 18, 2017, Debtor filed a…