Bennett v. Cory (In re Mammoth Resource Partners, Inc.)

(Bankr. W.D. Ky. Apr. 11, 2017)

The bankruptcy court denies the debtor’s motion to condition the plaintiffs’ voluntary dismissal on payment of the debtor’s attorney fees. The plaintiffs sought to voluntarily dismiss the action without prejudice, but the debtor argued the legal fees paid to date would be wasted if the action was refiled at a later date. The court finds that the available evidence does not establish that the fees were necessary or that the legal work would be wasted and thus the debtor did not show that he would suffer “plain legal prejudice.” The dismissal without prejudice is appropriate and the debtor is not entitled to an award of attorney fees. Opinion below.

Judge: Lloyd

Attorneys for Plaintiffs: Waller Landsden Dortch & Davis, LLP, Ryan K. Cochran, Joseph A. Woodruff

Attorney for Defendant: Kenneth A. Meredith, II

2017-04-11 – in re mammoth resource partners

Author: Matt Lindblom

Cory v. Bennett

(W.D. Ky. Aug. 31, 2015)

The district court affirms the bankruptcy court’s dismissal of the claims against the debtor without prejudice. The debtor objected to dismissing the claims, following a settlement agreement, without condition or awarding him attorney fees. The district court finds the bankruptcy court was within its discretion to do so, as the debtor did not suffer plain legal prejudice as a result of the dismissal. Opinion below.

2015-08-31 – cory v bennett

Author: Matt Lindblom