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Tyler S. Dischinger recently published an article titled, “Sixth Circuit Holds that Section 303(i) Authorizes Reimbursement of Costs and Fees Incurred in Collateral Proceedings, but Bankruptcy Courts Lack Authority to impose ‘Serious’ Non-compensatory Punitive Damages.” The article discusses the U.S. Court of Appeals for the Sixth Circuits recent decision on the issue of a bankruptcy court’s power to impose serious non-compensatory punitive damages.

In his article, Dischinger focuses on the case of Adell v. John Richards Homes Building Co., LLC. He highlights two factors that the court considered, “whether bankruptcy courts are permitted to award fees that were incurred in collateral proceedings after dismissal of the underlying involuntary petition,” and, “whether a bankruptcy court had the authority to impose multi-million dollar non-compensatory punitive damages.”

Read the full article in the Journal of Bankruptcy Law here.