Legal Opinion

Zimmerman v. Filler King Co. (In re KMC Transport, Inc.)

United States Bankruptcy Court, D. Idaho

Decided February 27, 1995No. Bankruptcy No. 92-01488; Adv. No. 93-6236Published

1Opinion of the Court

MEMORANDUM OF DECISION

ALFRED C. HAGAN, Bankruptcy Judge.

Presently before the Court is defendant Filler King Company’s motion to dismiss and defendant’s motion for sanctions, costs and an award of attorney’s fees under Federal Rule of Bankruptcy Procedure 9011 and 28 U.S.C. § 1927.

BACKGROUND

KMC Transport, Inc. (the “Debtor”) filed its petition for relief under chapter 7 of Title 11 of the United States Code on May 7,1992. The Debtor was a motor common carrier operating in interstate commerce under the authority of the Interstate Commerce Commission (“ICC”). Filler King Company (“Filler King”)…

2Cases cited26 opinions

  1. Penn Central Transportation Co. v. New York CitySupreme Court of the United States · 1978
  2. Griffith v. KentuckySupreme Court of the United States · 1987
  3. Armstrong v. United StatesSupreme Court of the United States · 1960
  4. United States v. CausbySupreme Court of the United States · 1946
  5. United States v. Schooner PeggySupreme Court of the United States · 1801

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