Legal Opinion

Landscape Properties, Inc., Debtor in Possession, C. Richard Crockett Crockett & Brown, Pllc v. Joe D. Whisenhunt Robert A. Vogel Richard C. Downing

Court of Appeals for the Eighth Circuit

Decided November 21, 1997No. 96-2310PublishedCited by 43 opinions

1Opinion of the Court

FRIEDMAN, Circuit Judge.

For the third time, we must resolve a controversy growing out of an unsuccessful attempt under section 363(n) of the Bankruptcy Code, 11 U.S.C. § 363(n), to challenge a bankruptcy sale of the bankrupt’s real property. The two prior appeals involved the merits.

The present appeal is from sanctions imposed upon the lawyer for the bankrupt for filing a subsequent frivolous complaint seeking to avoid the sale. We affirm the sanctions.

I

The background facts, as set forth in our prior opinion, are not disputed.

A. In September 1988, Ramsay, the trustee in bankruptcy, contracted…

2Cases cited14 opinions

  1. Cooter & Gell v. Hartmarx Corp.Supreme Court of the United States · 1990
  2. Parklane Hosiery Co. v. ShoreSupreme Court of the United States · 1979
  3. Commissioner v. SunnenSupreme Court of the United States · 1948
  4. Nevada v. United StatesSupreme Court of the United States · 1983
  5. Frederick Lawrence White, Jr. Benjamin L. Staponski, Jr., and Gwen G. Caranchini v. General Motors Corporation, Inc.Court of Appeals for the Tenth Circuit · 1990

9 more not listed; retrieve them via the Exa API.

3Cited by43 opinions

  1. River Park, Inc. v. City of Highland ParkIllinois Supreme Court · 1998
  2. Kolela Mpoyo v. Litton Electro-Optical SystemsCourt of Appeals for the Ninth Circuit · 2005
  3. Northern Assurance Company of America, as Subrogee of Michael and Carole Morrell v. Square D CompanyCourt of Appeals for the Second Circuit · 2000
  4. Tracey Daley, and Other Similarly Situated Persons v. Marriott International, Inc., Tracey Daley v. Marriott Health Plan Empire Blue Cross/blue ShieldCourt of Appeals for the Eighth Circuit · 2005
  5. Willhite v. CollinsCourt of Appeals for the Eighth Circuit · 2006

38 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API