Legal Opinion
In Re Gorshtein
United States Bankruptcy Court, S.D. New York
Decided November 4, 2002No. 18-13568PublishedCited by 16 opinions
1Opinion of the Court
DECISION GRANTING SANCTIONS FOR MOTIONS TO LIFT STAY BASED ON FALSE CERTIFICATIONS
ADLAI S. HARDIN, Jr., Bankruptcy Judge.
This decision is provoked by an apparently increasing number of motions in this Court to vacate the automatic stay filed by secured creditors often based upon attorney affidavits certifying material post-petition defaults where, in fact, there were no material defaults by the debtors. The facts in three such motions are summarized here, as exemplars of a larger problem. In each case the debtor was required, with or without the assistance and expense of counsel, to marshal…
2Cases cited14 opinions
- Chambers v. Nasco, Inc.Supreme Court of the United States · 1991
- Cooter & Gell v. Hartmarx Corp.Supreme Court of the United States · 1990
- Eastway Construction Corp. v. City of New YorkCourt of Appeals for the Second Circuit · 1985
- Jurldine A. Donaldson v. Paul v. ClarkCourt of Appeals for the Eleventh Circuit · 1987
- In Re Kunstler.Court of Appeals for the Fourth Circuit · 1990
9 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- GMAM Investment Funds Trust I v. Globo Comunicacoes E Participacoes S.A. (In Re Globo Comunicacoes E Participacoes S.A.)District Court, S.D. New York · 2004
- Gordon v. Tese-Milner (In re Gordon)District Court, S.D. New York · 2017
- In Re ParsleyUnited States Bankruptcy Court, S.D. Texas · 2008
- Casamatta v. Resurgent Capital Services, L.P. (In re Freeman-Clay)United States Bankruptcy Court, W.D. Missouri · 2017
- In Re AmbotieneUnited States Bankruptcy Court, E.D. New York · 2004
11 more not listed; retrieve them via the Exa API.