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13-3461 - Baron et al v. Schurig et al


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13-3461 - Baron et al v. Schurig et al
December 31, 2013
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***VACATED PER 52 AMENDED MEMORANDUM OPINION AND ORDER***Memorandum Opinion and Order: The court reverses the bankruptcy court's June 26, 2013 Order for Relief and remands this case to the bankruptcy court for the limited purpose of dismissal of the involuntary bankruptcy case and consideration as to whether attorney's fees, costs, or damages should be awarded under 11 U.S.C. § 303(I). (Ordered by Judge Sam A Lindsay on 12/31/2013) (aaa)
January 2, 2014
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AMENDED MEMORANDUM OPINION AND ORDER: For the reasons herein explained, the court reverses the bankruptcy court's 6/26/2013 Order for Relief and remands this case to the bankruptcy court for the limited purpose of dismissal of the involuntary bankruptcy case and consideration as to whether attorney's fees, costs, or damages should be awarded under 11 U.S.C. § 303(i). Pursuant to Federal Rule of Bankruptcy Procedure 8014, all allowable and reasonable costs of this appeal are taxed against Appellees, and the clerk of the court is directed to "prepare, sign, and enter" the judgment in this case in accordance with Federal Rule of Bankruptcy Procedure 8016(a). (Ordered by Judge Sam A Lindsay on 1/2/2014) (tln)