Legal Opinion

Smith v. First Federal Savings & Loan Ass'n of Carnegie (In Re Smith)

District Court, W.D. Pennsylvania

Decided March 11, 1986No. Civ. A. 86-229PublishedCited by 15 opinions

1Opinion of the Court

OPINION

GERALD J. WEBER, District Judge.

This is an appeal from an order of the bankruptcy court.

For the third time appellants have filed for bankruptcy immediately prior to a scheduled sheriff’s sale to block the sale. I believe this is an egregious abuse of process.

The first bankruptcy case was dismissed for bad faith on January 13, 1984.

The second bankruptcy case was dismissed for failure to file the necessary documents on November 20, 1985. At that time the bankruptcy judge promised the appellees a prompt hearing if appellants filed another bankruptcy on the eve of a sheriff's sale.

Another…

2Cases cited2 opinions

  1. In Re BystrekUnited States Bankruptcy Court, E.D. Pennsylvania · 1982
  2. In Re KeziahUnited States Bankruptcy Court, W.D. North Carolina · 1985

3Cited by15 opinions

  1. In Re LunaUnited States Bankruptcy Appellate Panel for the Ninth Circuit · 1991
  2. In Re SantanaUnited States Bankruptcy Court, W.D. Michigan · 1990
  3. In Re CopmanUnited States Bankruptcy Court, E.D. Missouri · 1993
  4. In Re KeulUnited States Bankruptcy Court, E.D. Pennsylvania · 1987
  5. In Re SteeleyUnited States Bankruptcy Court, N.D. Alabama · 1999

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