Legal Opinion
Chase v. Kosmala (In re Loyd)
United States Bankruptcy Appellate Panel for the Ninth Circuit
Decided December 11, 2003No. BAP No. CC-02-1235-KMaMo; Bankruptcy No. SA 01-14300-LRPublishedCited by 4 opinions
1Opinion of the Court
OPINION
MARLAR, Bankruptcy Judge.
This is an appeal from the bankruptcy court’s order awarding attorney’s fees to a party responding to frivolous motions. We REVERSE and REMAND.
FACTS
Debtor filed a chapter 13 bankruptcy case on May 16, 2001. Appellant David Chase did not formally appear as counsel until one month later, but he was involved in the case from the outset.
The court converted the case to chapter 11 on its own motion because the debtor was ineligible for chapter 18 relief and later converted it to chapter 7 on the United States trustee’s motion.
Thereafter, Chase filed two serial…
2Cases cited8 opinions
- Cooter & Gell v. Hartmarx Corp.Supreme Court of the United States · 1990
- In Re Jon Robert Perroton, Debtor. Jon Robert Perroton v. Nancy L.G. GrayCourt of Appeals for the Ninth Circuit · 1992
- Miller v. Cardinale (In Re Deville)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2002
- Ball v. Payco-General American Credits, Inc. (In Re Ball)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1995
- Determan v. Sandoval (In Re Sandoval)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1995
3 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Knutson v. Price (In Re Price)United States Bankruptcy Court, E.D. California · 2009
- In Re Aston-Nevada Ltd. PartnershipUnited States Bankruptcy Court, D. Nevada · 2006
- Owen Thomas Byrne v. Kristin Rene RhodesUnited States Bankruptcy Court, D. Idaho · 2025
- Peter Szanto - Adversary ProceedingUnited States Bankruptcy Court, D. Oregon · 2020