Legal Opinion
Smyth v. City of Oakland
Court of Appeals for the Ninth Circuit
Decided March 26, 2008No. Nos. 05-16407, 05-16409PublishedCited by 14 opinions
1Opinion of the Court
MEMORANDUM *
Attorney David Smyth was sanctioned $10,761 by the United States Bankruptcy Court for the Northern District of California (“bankruptcy court”) for filing a complaint initiating an adversary proceeding (the “Adversary Proceeding Complaint”) which the bankruptcy court determined was frivolous and was filed for an improper purpose.1 The bankruptcy court also imposed a six-month suspension from practice in bankruptcy court on Smyth for filing a frivolous objection to a creditor’s proof of claim (the “Proof of Claim Objection”). We affirm in part and reverse in part, and remand for…
2Cases cited15 opinions
- Cooter & Gell v. Hartmarx Corp.Supreme Court of the United States · 1990
- Stephen Yagman v. Republic Insurance Cna Insurance Valley Forge InsuranceCourt of Appeals for the Ninth Circuit · 1993
- Townsend v. Holman Consulting Corp.Court of Appeals for the Ninth Circuit · 1990
- In Re Carol Freeman Marsch, Debtor (Two Cases). John D. Marsch, Claimant-Appellant v. Carol F. Marsch, (Two Cases)Court of Appeals for the Ninth Circuit · 1994
- Walker v. Community BankCalifornia Supreme Court · 1974
10 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- In Re Brooks-HamiltonUnited States Bankruptcy Appellate Panel for the Ninth Circuit · 2009
- Orton v. Hoffman (In Re Kayne)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2011
- Feggins v. LVNV Funding LLC (In re Feggins)United States Bankruptcy Court, M.D. Alabama · 2015
- In Re SanfordUnited States Bankruptcy Court, D. Nevada · 2009
- In Re SpickelmierUnited States Bankruptcy Court, D. Nevada · 2012
9 more not listed; retrieve them via the Exa API.