Discovery
Civ-Pro
Case Summary |
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P1123 Dismissal of a bankruptcy restores the parties to the positions they were in prior to the bankruptcy, including rights to attorney fees under a contract from which an action arises, so if attorney fees a plaintiff incurred in getting the defendant's bankruptcy dismissed are found to have been incurred in an action under the contract, they may be recovered.CitationCIRCLE v LIBERATE (Bankruptcy Fees) 147 CA4 1203 [See: 11 USC 349(b)(3); CivC 1717; Smith Corp v Terry's Tractor 209 CA3 951] |
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Finz Case Law Summaries (Finz Advance Tapes)
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