Legal Opinion

In Re Osborne

United States Bankruptcy Court, M.D. Louisiana

Decided September 14, 2007No. 19-10103PublishedCited by 11 opinions

1Opinion of the Court

MEMORANDUM OPINION

DOUGLAS D. DODD, Bankruptcy Judge.

Debtor Mary Osborne asks the court to sanction Homeside Lending, Inc. 1 and its counsel, Stacy C. Wheat, for alleged misconduct in connection with a motion for relief from automatic stay. 2 The gist of the debtor’s complaint is that Homeside’s lawyer signed and filed a false affidavit to obtain relief from the automatic stay based on the debtor’s alleged failure to comply with the terms of a consent order.

PROCEDURAL HISTORY

The events leading directly to this dispute began unfolding April 24, 2002, when Homeside’s counsel sought ex parte…

2Cases cited20 opinions

  1. Hensley v. EckerhartSupreme Court of the United States · 1983
  2. Blum v. StensonSupreme Court of the United States · 1984
  3. Chambers v. Nasco, Inc.Supreme Court of the United States · 1991
  4. In Re Rainbow Magazine, Inc., Debtor. Craig E. Caldwell v. Unified Capital Corp.Court of Appeals for the Ninth Circuit · 1996
  5. Juan E. Cruz v. Robert Savage, Etc.Court of Appeals for the First Circuit · 1990

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3Cited by11 opinions

  1. In Re ParsleyUnited States Bankruptcy Court, S.D. Texas · 2008
  2. Barry v. Sommers (In Re Cochener)District Court, S.D. Texas · 2007
  3. In Re StewartUnited States Bankruptcy Court, E.D. Louisiana · 2008
  4. Schermerhorn v. CenturyTel, Inc. (In Re Skyport Global Communications, Inc.)United States Bankruptcy Court, S.D. Texas · 2011
  5. Schermerhorn v. CenturyTel, Inc. (In re Skyport Global Communications, Inc.)District Court, S.D. Texas · 2015

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