Legal Opinion
In Re Cabrera-Mejia
United States Bankruptcy Court, C.D. California
Decided December 23, 2008No. LA08-13505SBPublishedCited by 3 opinions
1Opinion of the Court
OPINION ON SANCTIONS
SAMUEL L. BUFFORD, Bankruptcy Judge.
I. Introduction
This case raises the issue of whether, and to what extent, the court should impose sanctions on a law firm for filing twenty-one relief from automatic stay motions in chapter 7 cases with no competent evidence to support any of the motions and no intent to proceed to a hearing on the merits of the motions.
Under the facts of these cases, the court finds that Pite Duncan LLP (“Pite”) filed twenty-one relief from stay motions in bad faith and with the improper purpose of delaying and increasing the costs of litigation. The…
2Cases cited17 opinions
- Chambers v. Nasco, Inc.Supreme Court of the United States · 1991
- Cooter & Gell v. Hartmarx Corp.Supreme Court of the United States · 1990
- Jove Engineering, Inc. v. Internal Revenue ServiceCourt of Appeals for the Eleventh Circuit · 1996
- Townsend v. Holman Consulting Corp.Court of Appeals for the Ninth Circuit · 1990
- In Re Rainbow Magazine, Inc., Debtor. Craig E. Caldwell v. Unified Capital Corp.Court of Appeals for the Ninth Circuit · 1996
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3Cited by3 opinions
- Harker v. Wells Fargo Bank, NA (In Re Krause)United States Bankruptcy Court, S.D. Ohio · 2009
- COUNTRYWIDE HOMES LOANS, INC. v. McDermottDistrict Court, N.D. Ohio · 2010
- In Re GrecoUnited States Bankruptcy Court, S.D. Florida. · 2009