Peter Patraka v. Myron Orlinsky

FILED
U.S. COURT OF APPEALS
ELEVENTH CIRCUIT
MARCH 9, 2011
JOHN LEY
CLERK
[DO NOT PUBLISH]
IN THE UNITED STATES COURT OF APPEALS
FOR THE ELEVENTH CIRCUIT
________________________
No. 09-16392
________________________
D. C. Docket Nos. 09-21903-CV-CMA, 06-15417 BKC-RA
In Re: MYRON ORLINSKY
Debtor.
__________________________________________________________________
PETER PATRAKA,
Plaintiff-Appellant,
versus
MYRON ORLINSKY,
Defendant-Appellee.
________________________
Appeal from the United States District Court
for the Southern District of Florida
_________________________
(March 9, 2011)
Before TJOFLAT, BARKETT and FAY, Circuit Judges.
PER CURIAM:

-- 1 of 2 --

Appellant sued appellee in state court and obtained a $6 million dollar
judgment which was appealed without a supersedeas bond. Apparently a business
arrangement had gone sour and, thus, this conflict arose between brothers-in-law.
While the matter was on appeal appellant attempted to execute the judgment with
no success. He then filed a petition for involuntary bankruptcy against appellee.
During the pendency of the bankruptcy case, the state court judgment was
reversed. The Bankruptcy Court, sua sponte, dismissed the bankruptcy
proceeding. Appellee then sought costs and attorneys’ fees which were granted
pursuant to Section 303(i)(1) of the U.S. Bankruptcy Code. This was done by way
of an oral ruling delivered after a hearing before the Bankruptcy Judge.
On appeal to the United States District Court, appellant urged reversal on
multiple grounds. The District Court reviewed the matter in detail and entered a
very comprehensive order affirming the ruling by the Bankruptcy Court. After
reviewing the briefs and record and hearing the argument of counsel, we affirm the
ruling of the Bankruptcy Court for the reasons set forth in the ORDER of the
District Court dated December 8, 2009.
AFFIRMED.
2

-- 2 of 2 --