Legal Opinion

Fortune & Faal v. Zumbrun (In Re Zumbrun)

United States Bankruptcy Appellate Panel for the Ninth Circuit

Decided July 19, 1988No. BAP No. CC 86-1739 MoVJ, Bankruptcy No. LA 82-04252-CAPublishedCited by 28 opinions

1Opinion of the Court

OPINION

Before MOOREMAN, YOLINN and JONES, Bankruptcy Judges.

This appeal arises out of the bankruptcy court’s order granting sanctions against the appellant law firm (Fortune & Faal) in the amount of $4,000. The sanctions were awarded pursuant to 11 U.S.C. § 362(h) for willful violation of the automatic stay. The essence of the alleged violation was that appellant had commenced a state court action on behalf of certain creditors after receiving notice of the debtor’s bankruptcy filing.

FACTS

The debtor is the general partner in several limited partnerships and filed his voluntary Chapter 11…

2Cases cited5 opinions

  1. Mullane v. Central Hanover Bank & Trust Co.Supreme Court of the United States · 1950
  2. In Re Fidelity Mortgage Investors, Debtor. Fidelity Mortgage Investors, Applicant-Appellee v. Camelia Builders, Inc.Court of Appeals for the Second Circuit · 1977
  3. In Re Center Wholesale, Inc.Court of Appeals for the Ninth Circuit · 1985
  4. In Re DepewUnited States Bankruptcy Court, E.D. Tennessee · 1985
  5. In Re Elegant Concepts, Ltd.United States Bankruptcy Court, E.D. New York · 1986

3Cited by28 opinions

  1. Solow v. KalikowCourt of Appeals for the Second Circuit · 2010
  2. Galvan v. Galvan (In Re Galvan)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1990
  3. United States v. Levoy (In Re Levoy)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1995
  4. In Re TimbsUnited States Bankruptcy Court, E.D. Tennessee · 1994
  5. Williams v. Levi (In Re Williams)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2005

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