Legal Opinion
Weiszhaar Farms, Inc. v. Livestock State Bank
District Court, D. South Dakota
Decided April 30, 1990No. Civ. 89-1051PublishedCited by 15 opinions
1Opinion of the Court
MEMORANDUM OPINION
DONALD J. PORTER, Chief Judge.
This is an appeal from a final order of the Bankruptcy Court 1 granting sanctions against appellants Weiszhaar Farms,' Inc. and L.J. Hog Co., Inc. (Debtors) and counsel for debtors, Thomas M. Tobin. This Court has jurisdiction to hear this appeal under 28 U.S.C. § 158(a).
After reviewing the factual findings of the Bankruptcy Court and the relevant statutory and case law, this Court concludes that the Bankruptcy Court abused its discretion in granting sanctions against both debtors and their attorney. Debtors were entitled to rely on their…
2Cases cited17 opinions
- Kurt Von Poppenheim v. Portland Boxing & Wrestling CommissionCourt of Appeals for the Ninth Circuit · 1971
- Kurkowski v. VolckerCourt of Appeals for the Eighth Circuit · 1987
- In Re KinneyUnited States Bankruptcy Court, C.D. California · 1985
- Reliance Insurance Company v. Sweeney Corporation, MarylandCourt of Appeals for the D.C. Circuit · 1986
- Hamilton v. Neptune Orient Lines, Ltd.Court of Appeals for the Ninth Circuit · 1987
12 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- Caldwell v. Farris (In Re Rainbow Magazine, Inc.)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1992
- In Re FelbermanUnited States Bankruptcy Court, S.D. New York · 1995
- In Re HuertaUnited States Bankruptcy Court, C.D. California · 1992
- In Re Roxy Real Estate Co., Inc.United States Bankruptcy Court, E.D. Pennsylvania · 1993
- Putnam Trust Co. of Greenwich v. Frenz (In Re Frenz)United States Bankruptcy Court, D. Connecticut · 1992
10 more not listed; retrieve them via the Exa API.