Legal Opinion

Ehrenberg v. Roussos (In re Roussos)

United States Bankruptcy Court, C.D. California

Decided November 25, 2015No. Case Nos.: 2:15-bk-21624-ER and 2:15-bk-21626-ER (jointly administered); Adv. Nos.: 2:15-ap-01404-ER and 2:15-ap-01406-ERPublishedCited by 6 opinions

1Opinion of the Court

AMENDED MEMORANDUM OF DECISION DENYING MOTIONS TO DISMISS

Ernest M. Robles, United States Bankruptcy Judge

At issue is whether a 21-year old bankruptcy sale may be set aside for fraud on the court under Fed. R. Civ. P. 60(d)(3), even in the absence of specific allegations that the fraud reduced the sales price. *725The fraud alleged here was so serious as to prevent the judicial machinery from performing “in the usual manner its impartial task of adjudging cases that are presented for adjudication.” Anand v. CITIC Corp. (In re Intermagnetics Am., Inc.), 926 F.2d 912, 916 (9th Cir.1991). The Chapter…

2Cases cited33 opinions

  1. Ashcroft v. IqbalSupreme Court of the United States · 2009
  2. Hazel-Atlas Glass Co. v. Hartford-Empire Co.Supreme Court of the United States · 1944
  3. Fox v. Ethicon Endo-Surgery, Inc.California Supreme Court · 2005
  4. Richard L. Barron Linda M. Barron v. Robert Reich Department of Labor Robert KelleyCourt of Appeals for the Ninth Circuit · 1994
  5. Standard Oil Co. of Cal. v. United StatesSupreme Court of the United States · 1976

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3Cited by6 opinions

  1. In re 9 Houston LLCUnited States Bankruptcy Court, S.D. Texas · 2017
  2. Chow v. United StatesDistrict Court, D. Alaska · 2023
  3. DA & AR Hospice Care, Inc.United States Bankruptcy Court, C.D. California · 2022
  4. Green Mountain Management, LLC and Georgia Flattop Partners, LLCUnited States Bankruptcy Court, N.D. Georgia · 2023
  5. Group Management Corp.United States Bankruptcy Court, N.D. Georgia · 2022

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