Legal Opinion
In Re: Jerome Berg, Debtor. Jerome Berg v. Good Samaritan Hospital
Court of Appeals for the Ninth Circuit
Decided October 23, 2000No. 96-16672PublishedCited by 41 opinions
1Opinion of the Court
TROTT, Circuit Judge:
Debtor Jerome Berg (“Berg”) appeals from the decision of the Ninth Circuit Bankruptcy Appellate Panel (“BAP” or “the Panel”) affirming a decision of the bankruptcy court. The Panel held that an award of attorneys’ fees imposed as a sanction for frivolous conduct in litigation is not subject to the automatic stay imposed by 11 U.S.C. § 362(a) when a debtor files for bankruptcy. The Panel held that instead, the award of sanctions falls under the “government regulatory power” exemption of § 362(b)(4). Berg challenges this decision. We have jurisdiction pursuant to 28 U.S.C.…
2Cases cited8 opinions
- Smith v. RicksCourt of Appeals for the Ninth Circuit · 1994
- Eugene W. Alpern v. Phillip S. Lieb, Allen S. Gabe, and Phyllis AlpernCourt of Appeals for the Seventh Circuit · 1993
- In Re: Universal Life Church, Inc., a California Non-Profit Corporation, Debtor. Universal Life Church, Inc., a California Non-Profit Corporation v. United States of America, in Re: Universal Life Church, Inc., a California Non-Profit Corporation, Debtor. Universal Life Church, Inc., a California Non-Profit Corporation v. United StatesCourt of Appeals for the Ninth Circuit · 1997
- In Re WilliamsUnited States Bankruptcy Court, D. Idaho · 1993
- Berg v. Good Samaritan Hospital (In Re Berg)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1996
3 more not listed; retrieve them via the Exa API.
3Cited by41 opinions
- Aheong v. Mellon Mortgage Co. (In Re Aheong)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2002
- In Re BenalcazarUnited States Bankruptcy Court, N.D. Illinois · 2002
- Halo Wireless, Inc. v. Alenco Communications, Inc. (In Re Halo Wireless, Inc.)Court of Appeals for the Fifth Circuit · 2012
- Massachusetts v. First Alliance Mortgage Co. (In Re First Alliance Mortgage Co.)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2001
- Henry v. Associates Home Equity Services, Inc. (In Re Henry)United States Bankruptcy Court, C.D. California · 2001
36 more not listed; retrieve them via the Exa API.