NCNB Texas National Bank v. A.S.M., Inc. (In Re A.S.M., Inc.)
United States Bankruptcy Court, W.D. Texas
1Opinion of the Court
DECISION AND ORDER ON SUA SPONTE SHOW CAUSE HEARING REGARDING IMPOSITION OF SANCTIONS FOR IMPROPER REMOVAL
LEIF M. CLARK, Bankruptcy Judge.
GAME ON for hearing sua sponte the defendants herein to show cause why sanctions should not be imposed pursuant to Rule 9011 for improperly removing the aforementioned action from state to federal court. The court concludes that sanctions should be imposed.
BACKGROUND FACTS
After a hearing on the plaintiff’s motion to remand, this court entered its report and recommendation to the district court that this case be remanded to state court for trial. To date,…
2Cases cited17 opinions
- Patricia Thomas v. Capital Security Services, Inc.Court of Appeals for the Fifth Circuit · 1988
- Browning Debenture Holders' Committee v. Dasa Corp.Court of Appeals for the Second Circuit · 1977
- Chester R. Robinson and Wife, Frances Earline Robinson, and Roy K. Ewart and David B. Black v. The National Cash Register CompanyCourt of Appeals for the Fifth Circuit · 1987
- Robert Ellingson, Jr. v. Burlington Northern, Inc., Dba Burlington Northern Railway, and Western Pacific Railroad Company, a CorporationCourt of Appeals for the Ninth Circuit · 1981
- In Re Chicago Midwest Donut, Inc.United States Bankruptcy Court, N.D. Illinois · 1988
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- In Re Aston-Nevada Ltd. PartnershipUnited States Bankruptcy Court, D. Nevada · 2006
- Wise v. PetersonUnited States Bankruptcy Court, S.D. Texas · 2011
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